Frequently Asked Questions

  • I give legal advice to creative businesses as they are developing their brands. This includes trademark clearance, registration, and maintenance; registering and enforcing copyrights; preparing agreements for collaborations, licensing, and creator campaigns; and reviewing advertising, labels, and product claims before going public.

    I take enforcement action if problems arise, including platform takedowns, demand letters, Trademark Trial and Appeal Board (TTAB) proceedings, domain name disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP), and claims against fast fashion platforms that copy designs from independent creators.

    I also handle cases involving federal tax controversies for individuals and am both a certified public accountant and a lawyer.

  • I work with designers, artists, and brand owners who are focused on creating something they want to protect and develop. My clients are primarily involved in conscious fashion, beauty, wellness, and the arts. This includes apparel and accessories labels, textile artists, jewelry designers, visual artists, and lifestyle brands. I also work with companies in the food and beverage sector, creative agencies, and cultural organisations.

    Many of my clients prioritize social and environmental responsibility as a core part of their business model, not just a marketing approach. If your business model reflects your values, your intellectual property strategy must, too.

    On the tax side, I represent individuals in these same industries, including sole proprietors and owners of single-member LLCs whose business income is included on their personal tax returns.

  • I work with clients worldwide, provided the project includes protection of intellectual property in the United States. I serve as U.S. counsel for international brands entering the American market and as associate counsel for foreign law firms that need help with U.S. trademark filings, maintenance, or enforcement. For more information, visit the U.S. Counsel for International Brands page, which also includes an intake form. I also help U.S. companies expanding overseas by preparing international applications under the Madrid Protocol and working with legal counsel in their target countries.

  • You may be a good fit for our services if you:

    • Want clear, practical guidance instead of uncertainty

    • Value careful planning, precise execution, and professionalism

    • Prefer a long-term strategy rather than a one-time filing with no strategic direction

    • Need assistance in making decisions about risk, naming, ownership, licensing, or compliance

    • Are building a brand or body of work that you intend to grow, protect, and monetize

  • Cloth & Code Legal may not be the right choice for you if you:

    • Are looking for the cheapest filing options or prefer a "submit-and-hope" approach.

    • Seek quick answers without a consultation or formal engagement.

    • Expect guaranteed outcomes from the USPTO, the Copyright Office, the IRS, or in any disputes.

    • Want an attorney to simply approve a decision after you've already taken a risky step (such as ordering inventory, launching a brand with a potentially controversial name, or imitating a competitor's branding).

    If you're uncertain, please submit the intake form. I will review it and let you know if we need to meet to discuss further. This will help me determine whether I can take on your case and what it will involve.

  • Most likely. I regularly work with values-driven businesses. For mission-driven brands, intellectual property considerations often include claims about environmental and ethical sourcing, proper use of certification marks, licensing terms that align with your values, and a compliance review of marketing language that makes specific impact promises. If any of this resonates with you, please start by filling out the intake form [link]..

Trademark

  • A business name, such as an LLC name, is registered at the state level and does not automatically create trademark rights. In contrast, a trademark is a brand identifier (a name, logo, or slogan) that differentiates the source of goods or services. Trademark rights develop through use in commerce, and federal registration significantly strengthens them.

  • Yes, it's important to understand what you're getting into. A comprehensive clearance search evaluates the risk of possible conflicts before you invest in packaging, marketing, and inventory. This step reduces the risk of USPTO rejection or disputes after your product launch.

    I offer two options for conducting a trademark search:

    1. Trademark Clearance Opinion: Priced at $1,800 for one name and $2,700 for two names covering the same goods or services, this is a standalone written opinion for anyone who needs to determine if a name is clear for use, regardless of whether they plan to register it.

    2. Trademark Search & Registration Package: Priced at $3,000, this includes the same search as the clearance opinion, plus the application for registration (up to two classes) and management throughout the examination. You can add additional classes for $600 each. If the search indicates that the name is not clear, I will advise against filing. I will refund the portion of the package fee related to the application. However, you may still file if you sign an acknowledgment stating that you were advised against it.

    Opinions are processed on a weekly cycle: if you engage by 5 p.m. Eastern on Wednesday, I will deliver the written opinion the following Monday. Rush service is available for an additional $600, allowing a three-business-day turnaround. Full terms, including credit for clients who start with an opinion and later move to registration, are on the Trademark Clearance Opinion page. Both services start with the same Trademark Search & Registration intake form [link]..

  • Yes, you do. A search of the Federal Register is just one part of a comprehensive clearance search. You should also consider common-law uses, state registrations, domain names, social media handles, and marketplace listings. Also, it's important to analyze what these results mean for your goods and services. I do not provide an opinion based on someone else's search results. Every opinion I offer is based on searches I conduct myself.

  • First, take note of the response deadline. Next, complete the office action intake form, which will ask for the office action letter and the deadline. After that, I will invite you to schedule a consultation. During our 45-minute session, I will translate the refusal or requirements into plain language, explain what is at stake, and provide you with recommendations, options, and a quote for the response. By the end of the consultation, you will clearly understand your situation and what steps must be taken before any filings. This applies whether I filed your application or someone else did.

    If your deadline is within two weeks or has already passed, please indicate this on the form, and I will respond on the same business day.

    If I filed your application, please note that responses to procedural requirements are included in your registration fee; however, I will quote separately for substantive refusals.

  • Usually, no. You can directly engage for Section 8, 9, and 15 filings through the maintenance intake form [link]. This form includes a review of how the mark is used in relation to what the registration covers. If the form indicates the mark's use has changed or the specimens need updating before filing, I will tell you what to do first.

  • Yes, I do. My trademark monitoring service is available for a flat annual fee of $395 per mark. You will receive attorney-reviewed reports each quarter, along with recommendations for every instance I identify. This way, you can learn about any conflicting applications or uses while you still have time to act. For more details, please visit the Trademark Monitoring page, which includes its own intake form [link].

Copyright

  • No, you don't necessarily need a lawyer to file on your own, and I can explain when that is appropriate. However, it can help to seek legal counsel when ownership is unclear, multiple contributors are involved, your work includes third-party material, the work-for-hire status is uncertain, or you want the registration to support a licensing or enforcement strategy.

  • A single-work registration costs a flat fee of $500. This fee includes responses to any questions from the Copyright Office during examination. You can submit your request directly through the copyright intake form [link] without needing a prior consultation; I will respond within two business days of your submission. For group registrations, works with multiple authors or claimants, and works that include content requiring authorization, I will provide a quote after reviewing the details.

  • Yes, I represent designers whose prints, pieces, jewelry, and labels appear on fast fashion platforms and marketplaces without permission. You have several options, including platform takedowns, the Copyright Claims Board, or federal court action. The best option depends on whether your work is registered, how much of it has sold, and what outcome you are seeking. Please note that this process has its own intake form [link], separate from the general pre-screen, which lets me review your materials and original design before our call.

Federal tax

  • I handle trademarks and copyright matters, but you may wonder why I also deal with federal tax issues. Before becoming a lawyer, I worked as a CPA. My clients often receive income in various forms: payments from selling platforms, 1099s from different brands or clients, installment payments from galleries, and cash from markets. The IRS matches every form it receives to the tax return, and discrepancies can lead to agency notices. I represent individuals in these situations, including examinations, responses to notices, requests for penalty relief, collection issues, innocent spouse relief, and representation in the IRS Independent Office of Appeals and the United States Tax Court, where I have been admitted since 2015.

  • This practice is designed for individuals only. This includes sole proprietors and single-member LLC owners whose business income is reported on their personal tax returns. Most designers, artists, stylists, and estheticians I work with fall into this category.

    Please note that partnership and corporate examinations, employer-side payroll tax disputes, return preparation, tax planning, and criminal tax matters are beyond the scope of this practice. For more details on what I handle and what I refer elsewhere, please visit the Federal Tax Controversy [link] page.

  • 1. Locate the date and the notice number on the first page. These details indicate what the IRS is addressing and the timeframe you have to respond. Most notices have a response window that closes after a certain period.

    2. Complete the federal tax intake form [link], which will ask for the notice date and number. Be sure to upload every page of the notice.

    3. I will respond within two business days, and I encourage you to book a consultation. During this meeting, I will review the notice in advance so you understand the deadline, possible implications, your options, and the costs associated with each option.

    4. If the deadline is sooner than two business days, please indicate this on the form, and I will prioritize your case.

  • No, I do not prepare tax returns. I resolve disputes while your preparer files the returns, and I work with them to ensure the returns support the resolution. If you do not have a preparer, I can refer you to one.

Working together

  • To begin, please complete the pre-screen intake form [link]. I review every submission and will follow up via email with the next steps. For most services, this means you will receive an invitation to schedule a consultation.

    Certain services have their own specific intake forms. For example, copyright registration [link], trademark search and registration [link], maintenance and renewal [link], and monitoring [link] each have dedicated forms that can lead directly to an engagement without a consultation.

    Additionally, office actions [link] and federal tax matters [link] have specialized forms; these require a consultation, as I provide quotes only after I review the relevant letter or notice.

    I also offer specific intake forms for international brands and foreign firms [link], as well as designers whose work has been featured on fast fashion platforms [link], so I can assess the situation before responding. Each service page includes a link to the appropriate form.

  • The consultation is a 45-minute Zoom session and costs $250, paid at the time of booking. There are two types of consultations: one for trademark and copyright matters and another for federal tax issues. Both consultations follow the same format.

    Before the meeting, I review your intake materials to make the most of our time together. During the call, we will discuss your goals, key facts, and realistic paths forward. I will also outline timelines, estimated costs (including government fees), and my recommended plan.

    After the consultation, you will receive a written memo summarizing our discussion and the next steps.

  • Yes, I do. Most of my services are offered at a flat fee with clearly defined deliverables. Before any work begins, I provide a written quote. For disputes, enforcement matters, IRS examinations, and appeals, I prepare quotes on a case-by-case basis. I may break the work into phases and assign a flat fee to each phase. This way, you will know the cost of the next step before it takes place. I don't refer to my fees as inexpensive; they reflect the analysis, precision, and judgment involved in the work.

  • Yes, through Selvedge, my product platform at nicolegaither.com [link], I offer guides and templates for individuals who wish to manage a filing, an agreement, or a payment demand on their own. When a Selvedge resource matches a service offered on this site, the service page includes a link to it. If you need legal counsel, please start by filling out the intake form [link].

  • I communicate with clients through a secure client portal [link], text messaging, and scheduled video or phone calls. The client portal includes your documents, invoices, and matter status, so you can check progress without waiting for a response.

  • No attorney can guarantee outcomes at the USPTO, Copyright Office, IRS, or in disputes. You can expect careful analysis, clear risk guidance, and thorough execution.

  • No, an attorney-client relationship forms only after we complete a conflicts check, you sign an engagement agreement, and you pay the required fee. Please do not send any sensitive or confidential information until I instruct you to do so through the secure intake process.