Your trademark registration should stand the test of time, not just the launch.
I draft trademark registration applications right from the start: the right owner, the right goods and services, and specimens that meet the requirements.
Holiday Pricing:
$2,600 through November 30
Now through November 30, get the full Trademark Registration Package for $2,600, down from $3,000. It starts with my $1.400 Trademark Clearance Opinion, which includes a comprehensive search, a written opinion, and a tailored filing strategy. If your name clears, you pay $1,200 for the application. You only pay for each step as you move forward.
You do not need to be selling yet. With an intent-to-use application, you can secure your spot before your product even launches.
Your filing date is crucial. If someone else applies for the same or a similar name for similar products before you do, the USPTO will usually deal with their application first. If they filed before you, the USPTO could put your application on hold, then refuse it, and you might have to rebrand.
The USPTO moves slowly. Reviews can take months, so filing early helps you finish the process sooner.
Holiday terms are on the Trademark Clearance Opinion page [link].
If This Sounds Familiar…
You have been selling under your brand name for two years and have invested in custom hangtags, product packaging, a website, and signage. But you haven’t filed a trademark registration application with the Trademark Office. You heard that you should search the USPTO database just to be safe, so you did. You didn’t find exact matches, but does that mean your brand is okay to use? So you reached out to a filing service that quoted you $299 plus government fees, but you can’t get a clear explanation of what the $299 covers. With your collection set to launch in three months, you want to file a trademark registration before the media and content creators start using your name. You have a logo and a name for your Spring collection, but you are unsure which one to file first for trademark protection.
What Registration Provides
Federal registration provides nationwide rights, a presumption of ownership of the mark, the right to use the ® symbol, and a foundation for brand registry programs on major marketplaces. It serves as the basis for enforcement, licensing, and customs protection. Unregistered rights are limited to where you actually do business and are much harder and costlier to prove.
Why Applications Fail
The U.S. Patent and Trademark Office (USPTO) rejects applications daily, and most refusals stem from decisions made at filing. Common issues include:
The identification of goods and services was too narrow, too broad, or inaccurate for how the brand sells.
The specimen submitted did not show the mark in use as required.
The mark was overly descriptive, and the application lacked a registration strategy.
A similar registration or earlier application already existed, and no one identified it before filing.
The application was filed under the wrong owner’s name, a mistake you can’t fix after filing.
Low-cost filing services often just fill out forms and skip the critical judgment calls that make or break your application. The Trademark Office does not reward effort, only accuracy.
What I Handle
The registration package guides you from the first search to the final decision, with each step as a separate judgment call.
Comprehensive Search: I conduct a thorough search of federal registrations and pending applications, state registrations, and common-law uses. You’ll receive a written opinion, and we’ll discuss the results on a call before I file anything. If the search indicates that the name cannot be cleared, I will tell you. The Fees section explains what that means for your payment. If you prefer to search first and decide about filing later, my standalone Trademark Clearance Opinion [link] is the first part of this package.
The Application: I determine who owns the mark, which goods and services to claim, and how to describe them accurately based on your actual product line. This includes the appropriate classes and whether to file based on current use or intent to use. I will review the specimen before filing. For intent-to-use applications, I will handle the statement of use and any necessary extensions as your brand launches.
Examination: Once filed, the USPTO assigns an examining attorney who may send an office action via email. The fee covers requirements and procedural refusals. For substantive refusals, such as likelihood of confusion or descriptiveness, I will provide a written assessment, a quote, and my recommendation on whether a response is worth the cost. Office Action Responses [link]
Status Updates: You can track each significant stage in the client portal: filing, first action, publication, and registration, along with an explanation of what each stage means and what, if anything, I may need from you.
After Registration: I will keep track of maintenance deadlines and notify you before they pass. Trademark Maintenance & Renewal [link]. I can also monitor the register for new filings similar to yours as a separate service. Trademark Monitoring [link].
Who This Is For
This service is for brand owners who want to build something lasting and get their registration right from day one. If you need to file on your own for now, Selvedge offers guidance [link] to help you avoid the most common mistakes.
How It Works
Complete the Intake: Tell me about the mark you want to register, what you sell or plan to sell under it, whether you are currently using it in commerce, and whether I have already given you a written opinion on it.
Engagement: I will send you an engagement letter and invoice. If my review of your intake raises questions, I will send you a link to schedule a short meeting.
Search and Opinion: If you engage by 5 p.m. Eastern on Wednesday, I will deliver the written opinion the following Monday. We will then review the results during a call. The opinion will indicate whether the mark is clear, clear with adjustments, or if you need to choose again. If you cannot wait for the regular cycle, a rush option is available, allowing you to receive the opinion within three business days of engagement.
Application: I will draft the application for your review, then file it. Please note that you must pay USPTO fees before filing.
Examination: The USPTO posts its current wait times for a first action on its website, and these times may change based on its backlog. I will respond to requirements within the flat fee structure and will quote any substantive refusals before taking further action.
Publication and Registration: The USPTO will publish the mark for 30 days, during which time third parties can object. After this period, it will issue the registration. For intent-to-use applications, the USPTO will issue a notice of allowance instead. I will file the statement of use once your goods are available on the market.
Docketing: I will calendar the maintenance deadlines and share the schedule through the client portal.
Holiday pricing through November 30.
The package is $2,600 instead of $3,000, and you pay as you go: $1,400 for the search and written opinion when you engage, and $1,200 for the application when the name clears and you’re ready to file. Because you don’t pay for the application up front, there is no filing portion to refund. If you engage me to file more than two weeks after receiving your opinion, I will update the search for a flat $700. Through November 6, rush is free for the first two engagements completed each week. During holiday pricing, these terms replace the package price, refund, and credit terms below. Full terms are on the Trademark Clearance Opinion page [link].
The regular package is a flat $3,000 for up to two classes of goods or services. It includes a comprehensive search, a written opinion, the application, and responses to requirements and procedural refusals. Each additional class beyond the second is $600. USPTO filing fees are separate and charged per class.
Rush Option: For $600, you’ll receive the written opinion within three business days of engagement, rather than on the regular Monday schedule. The rush option covers the search and opinion. I’ll draft the application after our call about the opinion, on the normal timeline.
If the search indicates that the name will not be clear, I will provide a written opinion and advise against filing.
If you choose to proceed with the application anyway, the $1,200 is the application fee, and I will file after you sign an acknowledgment of my advice.
If you already have a Clearance Opinion from me, the remaining registration work is $1,200 when you engage me within two weeks of receiving it. After two weeks, I’ll credit half of the opinion fee, since the search will need to be updated before filing. Trademark Clearance Opinion [link]
Substantive refusals are quoted separately.
Note: The credit applies once to a single registration engagement for the searched mark. The two-week period starts from the date I deliver your written opinion. The credit has no cash value.
Holiday Pricing
What This Doesn’t Cover
Filing against my advice. I will advise against filing an application if the search indicates the name will not clear. In that case, you’ll have my written opinion, and you won’t pay for an application you don’t file. Ultimately, the decision is yours. If you still wish to file despite my advice, you may do so after signing an acknowledgement stating that I advised against it and outlining my reasons, and the $1,200 covers that application. I do not file simply to see what happens or as a strategy.
Substantive Refusals: Any refusals, such as those based on likelihood of confusion, descriptiveness, failure to function, or other substantive grounds, are treated as separate engagements. Office Action Responses [link]
Choosing a Name: If you are still deciding between names or need a legal assessment of your shortlist before investing in branding, start with a naming strategy. If you prefer to evaluate the shortlist yourself first, use “Name It to Keep It” on Selvedge, which is specifically designed for this purpose.
Pending Applications Filed by Others: If you receive a refusal on an application you or a filing service submitted, go to the office action page [link]. For registrations that have already issued and need maintenance filings, please go through the Trademark Maintenance & Renewal process [link]. I can take over a pending application mid-examination. Please provide the serial number in the intake, and I will let you know where it stands.
Filing Without Counsel: If your budget only allows for do-it-yourself protection right now, Selvedge [link] offers guidance to help you avoid the pitfalls mentioned above. Use this resource to save money.
Start Here
Please complete the intake form with the mark, specify what you sell or plan to sell under it, indicate whether you are currently using it in commerce, and include the date of any written opinion I provided regarding it. I will respond with the engagement letter and the next available search cycle.
FAQs
Yes, you do. The package includes a comprehensive search. The United States Patent and Trademark Office (USPTO) database only displays federal filings. It’s important to note that a refusal can occur based on a mark that is similar in sound, appearance, or meaning, even if it isn’t identical. Additionally, rights in the US are established through use, meaning a business that hasn’t filed can still prevent you from using their name in its market. The comprehensive search covers all these aspects. If the mark comes back as high risk, I will refund the filing portion of your fee if you do not wish to move forward with registration.
I searched the USPTO database myself and found nothing. Do I still need a comprehensive search?
1
What is a class, and how many do I need?
2
The USPTO sorts goods and services into numbered classes and charges a government fee for each class. For example, apparel falls into one class, cosmetics into another, and bags, candles, and retail services each have their own classes. Most brands I represent file in one or two classes. The standard package includes two classes, and each additional class costs $600, plus the USPTO fee for that class.
I haven’t launched yet. Can I file now?
3
Yes, you can file on an intent-to-use basis, which secures your place in line from the filing date. The USPTO will not register the trademark until you provide proof of its use on the goods. You have up to three years to provide this proof. After your launch, I will file the statement of use, which has a separate USPTO fee. This filing is included in the package.
How long does the registration process take?
4
The USPTO publishes its current wait times, which can vary due to its backlog. Generally, you should expect the entire process to take a year or more from the filing date. This timeline may be extended for intent-to-use applications that are waiting on products or services to launch. I will explain what to expect during this process and keep you updated as the USPTO updates its timelines.
Can the search be expedited?
5
Yes. For an additional $600, you’ll receive the written opinion within three business days of engagement. Through November 6, rush is free for the first two engagements completed each week. Rush only affects the search timeline. Once you file, the USPTO controls the examination timeline, and no fee can change that.
Are office actions included in the package?
6
Yes, the package includes requirements and procedural refusals. These are specific categories defined by the USPTO, such as a disclaimer, an amended identification, a clarified description of the mark, or a replacement specimen. Substantive refusals, which require a detailed response, will be provided separately along with my recommendation on whether to address them.
Can I use the ® symbol once I file?
7
No, the ® symbol is reserved for registered trademarks. Using it before your trademark is officially registered can lead to issues. You should use the ™ symbol from the day you start using the mark and switch to the ® symbol only after you receive your registration certificate.
What if I already have a Clearance Opinion from you?
8
The Clearance Opinion is the first part of this package. If you decide to file an application within two weeks of receiving the opinion, the remaining work will cost $1,200. If you wait longer than two weeks, I will credit half of the opinion fee, as I will need to perform an updated search before filing.
What does “prosecution” mean?
9
“Prosecution” is the whole process between filing a trademark registration application and the USPTO’s final decision. It includes monitoring the application, responding to office actions, and negotiating the identification of goods with the examining attorney. It has nothing to do with criminal proceedings. It’s simply USPTO terminology, and you’ll see it in search results, engagement letters, and official documents.