Is this name clear to use?
Do a thorough search, get a written opinion, and consult before you print labels and secure domains and social handles. Registration is not even required… at least not yet!
Holiday Pricing Alert:
Get Your Brand Name On the Nice List!
You’ve nailed the name. Maybe you’ve even designed the logo, snagged the Instagram handle, and built a mood board you can’t stop admiring. Before you launch this holiday season, let’s make sure your brand belongs to you, not to someone who claimed it years ago.
Through November 30, my Trademark Clearance Opinion is $1,400 instead of $1,800. That’s $400 you can put toward extra inventory or a few holiday gifts if you’re in the giving spirit. (No judgment if you keep it for yourself!)
The truth is, sometimes the answer is no. This year alone, I’ve had to tell at least five clients to pick a new name before launch. No one likes hearing it, but it’s far better than discovering the problem after months of marketing.
What you get
The deep search. I go well past the free USPTO search: federal applications and registrations, state registrations, and names already in use online.
The verdict. An easy-to-understand written opinion on whether the name is clear to use and register, with a likelihood-of-confusion and strength analysis. If the answer is no, I’ll let you know.
The game plan. You’ll get a filing strategy tailored to your brand, covering:
Who owns it. You or your LLC? If you file under the wrong owner, the application is void, and you’d have to start over with a new application (More $$$).
When to file. Whether to file an intent-to-use now or wait until you’re selling, and what each choice costs over time.
Which classes. What to file now, what can wait, and the government fees for each.
Word or logo. Whether to file for the name first and add the logo later, based on how likely your logo is to change (and if your name is strong). (The search and opinion cover the name only.)
What to do while you wait. What you can use while the application is pending (™ yes, ® not until it registers).
Your goods-and-services description, written for what you sell now and what you plan to sell next.
The evidence of use. Specimen guidance, so you know what proof of use the USPTO will accept before you have to show it.
Planning to file on your own? Everything in the opinion is yours to use, including the filing strategy and the goods and services description. If you’d rather hand it off to a professional, I’ll file the application for $1,200.
Why waiting could cost you
Engage by November 6 and skip the line. The first two engagements completed each week get a free rush: your written opinion in just three business days, with the $600 rush fee waived. Once that week’s two spots are taken, new ones open Monday.
After November 6, we’re back to the regular schedule. Engage by 5 p.m. Eastern on Wednesday, and you’ll have your opinion the following Monday. Rush is still available for $600.
The holiday price disappears after November 30. After that, it’s back to $1,800.
The longer you market a name, the more it costs to change. Every ad, post, and hangtag is another investment in a name you haven’t checked yet.
Nas said the world is yours. I’m here to help make sure your name is, too.
If This Sounds Familiar…
You may have visited the USPTO website and come across information that made you pause. Perhaps you checked the Secretary of State database before establishing your LLC and thought that was enough to confirm that the name was available. However, that’s not the case: filing with a state entity only reserves the entity name; it does not indicate whether someone else holds trademark rights to a similar name. You may have designed your labels, secured the domain, and set your opening date, but you still have one crucial question: Is the name available for your use?
Choosing a brand name is both a legal and creative decision. This session will address the fundamental question in your registration process: Is this name clear for use?
The Cost of Skipping This Step
Rebranding after your launch involves multiple challenges: you’ll need new packaging, new labels, a new domain, and new social media handles. Plus, you’ll have to explain the change to every customer who recognized you by your old name. This situation often arises after receiving a demand letter or when the U.S. Patent and Trademark Office rejects an application that the owner assumed would be a simple formality. Conducting clearance searches can help identify these potential issues while your name is still just an idea.
What I Handle
The Search: A thorough investigation that includes federal registrations and pending applications, state registrations, and common-law uses. This encompasses names in the market that have never filed official documents but could still pose challenges.
The Written Opinion: What I found, how close it comes, and my read on the risk of building on the mark. If something you found is in the results, you will know exactly what it means: whether it blocks you, coexists with you, or has nothing to do with you. Marks do not have to match to conflict. The question is whether customers are likely to confuse the two, and similar goods or services push that answer toward yes.
The Consultation: We will discuss the results, their implications for the mark, and how to address any concerns you may have.
How It Works
Start the Intake: Provide the intended mark for your goods or services, a description of what goods or services will be covered, and where you intend to sell your goods or services (e.g., online, brick-and-mortar, internationally). I will send you the engagement letter and invoice. I will begin the search once both are complete.
I Conduct the Search: I perform a comprehensive search covering federal, state, and common law before drawing any conclusions.
Receive Your Written Opinion: I complete clearance searches weekly. Engagements submitted by Wednesday will be included in that week’s search, and you will receive your written opinion the following Monday. If you submit your engagement on Thursday or later, it will be processed in the next week’s search, meaning the opinion will arrive the Monday after next. Regardless, you will receive a formal, confidential document for your records, rather than just meeting notes to remember.
Schedule Your Consultation: Once you have the written opinion, you can book a consultation at a time that works for you, typically within the same week.
Important Note: An engagement is defined as having both the signed engagement letter and the paid invoice received by 5 p.m. Eastern on Wednesday. If Monday is a federal holiday, I will deliver the opinion on Tuesday. If you need the opinion sooner, please consider the rush option detailed under Fees.
Holiday Fees
Trademark Clearance Opinion: $1,400 through November 30 (regularly $1,800)
Holiday pricing. Submit the intake by November 30, 2026, and complete the engagement (signed letter and paid invoice) by December 4 to lock in the Trademark Clearance Opinion at $1,400. When you engage me to file, the application is $1,200, bringing the total to $2,600 for the full Trademark Registration Package. You pay for the opinion first and for the application only when you engage me to file. If you engage me to file more than two weeks after receiving your opinion, I will update the search before filing for an additional $700 flat fee. Through November 6, the rush option is included at no charge for the first two engagements completed each week (signed letter and paid invoice), Monday through Friday, with your written opinion delivered within three business days of engagement. After those spots are filled, or after November 6, rush is available at its regular $600. Otherwise, the regular schedule is: engage by 5 p.m. Eastern on Wednesday, and you’ll receive your opinion the following Monday. (Note: Holiday pricing does not include the two-name opinion.)
What This Doesn’t Cover
The Filing: Preparing and filing the application is a separate process, and the credit mentioned above serves as a bridge to this engagement. Trademark Registration [link] NOTE: Through November 30, the Holiday Fees section replaces these terms!
An Opinion Based on Someone Else’s Search: I conduct my own search for every opinion I provide. If you have already completed a search, please feel free to share your findings with me. However, this does not replace my search.
A Dispute Already in Progress: If you have received a cease-and-desist letter or if a dispute has already been filed against you, that falls under enforcement work, not clearance. Enforcement & Disputes [link]
Certainty: No search can capture every unregistered use of a similar name. My search includes the sources that the USPTO and a court would consider: federal registrations and applications, state registrations, and common-law uses. The report details what I searched, the search date, and any unverified leads, so you can clearly understand what information you are relying on.
Start Here
Please provide the mark you are considering, even if you are still deciding between two options. If you have already set a launch date, please include that in the intake form as well. Complete the intake form, and I will follow up with the next steps.
If you are still choosing between names or looking to replace one, “Name It to Keep It,” the naming and rebranding workbook available on Selvedge [link], is the perfect resource to help you finalize your choice before bringing me your finalists. Name It to Keep It [link]
FAQs
Is this the same as the search included in the registration package?
Yes, it is. The opinion is the first part of the package. If you engage for the full registration, the search is included. If the name does not clear, I will provide a written opinion and refund any filing fee you may have paid. If you engage me to file within two weeks of the opinion, the remaining work is $1,200. We recommend starting with the opinion if you’re unsure about filing or whether the name will be approved.
Through November 30, the Holiday Fees section replaces these terms.
1
I have already searched the USPTO site. Why do I need to do more?
The USPTO database is just one source for checking trademarks, and it only returns exact matches based on what you type. It does not include state registrations, unregistered uses, or name variations that might still cause conflicts.
2
I formed an LLC under this name. Doesn’t that protect my brand?
No, it doesn’t. When you file an LLC with the state, it only reserves the entity name within that state. It doesn’t guarantee brand protection, nor does it prevent someone with prior trademark rights from challenging your use of that name.
3
Nobody else has my exact name. Am I clear?
4
Not necessarily. The test is whether customers are likely to confuse the two names. Similar names for similar or related goods or services can conflict even if they do not match.
Can I send you my own search results instead?
5
Send them. They may highlight uses that a database could miss and may be addressed in the opinion. However, I still conduct a full search of my own.
How long does it take?
I conduct clearance searches weekly. To receive a written opinion by the following Monday, please engage by 5 p.m. Eastern on Wednesday. Engagements received on Thursday or later will be included in the next week’s search, and the opinion will be delivered the Monday after next. If the following Monday is a federal holiday, I will deliver the opinion on Tuesday instead.
6
What if I need it sooner?
7
The rush option provides the written opinion within three business days from engagement, any day of the week, for an additional fee of $600. Please select it on the intake form.
What does “engagement” mean?
8
I’ve received your signed engagement letter and paid invoice. The clock starts when I have both.
Can you search two marks?
9
If you are choosing between two marks, the two-mark session costs $2,700. Both names must cover the same goods or services, and you receive one comparative opinion.
Do I have to register the mark?
10
No, the opinion addresses whether the mark is clear for use. Registration is a separate matter, and many individuals choose to do it later or not at all.
What if I already launched?
11
The opinion still lets you know where the mark stands. If the answer is bad, rebranding on your own schedule costs far less than rebranding after you get a letter from someone else.
Someone already sent me a letter. Is this the session for that?
12
No, that is enforcement work, which I handle separately. Don’t change the name the same afternoon you get a letter. Some of those letters overreach. Let an attorney review and research the claims before you make changes that might not be necessary.
Can the opinion guarantee the name is safe?
13
No single search can identify every unregistered use of a similar name. My search includes the sources that the USPTO and a court would consider: federal registrations and applications, state registrations, and common-law uses. The opinion outlines what was searched, when it was done, and any leads that could not be verified, so you have a clear understanding of what you are relying on.
I will provide the written opinion, keep $1,800 for the search and opinion, and refund the $1,200 filing portion if you paid in advance. You are in the same position as an opinion client, with nothing paid for a filing that will not occur.
Through November 30, the Holiday Fees section replaces these terms.