Build
Building a brand: the name, the first works, the paper
The cheapest time to fix a name is before anything is printed on it. At this stage I check that the name is free to use, file for it in the classes you actually sell in, and register the first works that matter.
I also look at who owns what. If a friend designed the logo, or a freelancer recorded the first EP, the rights may still be theirs until someone signs a page.
Names, logos and slogans
Songs, recordings, artwork and patterns
Co-founders, friends and freelancers
What building includes
Each is a fixed fee, quoted in writing before I start. The office's own filing fees are listed separately and paid to the office.
- Fixed fee
Clearance search and written opinion
A search of federal and state filings, marketplaces and the open web, and a short letter on what I found and how risky the name looks.
- Fixed fee per class
Federal trademark application
Choosing the classes and the description of goods, the specimen, and filing. Includes answering one routine office letter.
- Fixed fee per work
Copyright registration
One song, recording, design or collection registered with the Copyright Office, including the deposit copy.
- Fixed fee
Ownership papers
An assignment from a freelancer or co-founder, so the logo, code or recording belongs to the business.
Questions at the start
Do I need a lawyer to file a trademark?
No. You can file on your own, and some people do it well. Most rejections I see come from a description of goods that's too broad or a specimen that doesn't show the mark in use, which a lawyer catches before filing.
Is the registration guaranteed?
No. An examining attorney at the office reviews every application and can refuse it. The search tells you the risk; it can't remove it.
Isn't copyright automatic?
It is, from the moment the work is fixed. Registration is what lets you sue over it in federal court, and registering early can make statutory damages and fees available.
Check a name before you print it
Send me the name and what you sell under it. I'll tell you whether a search makes sense and what it costs.
Please don't send confidential details until we've agreed in writing to work together.