20 Years as Your Online Trademark Attorney

Registering your trademark with the U.S. Patent & Trademark Office (USPTO) gives you powerful nationwide rights that go beyond basic business name or domain ownership.

With a federal trademark registration, you gain:
• Exclusive rights to use your mark in connection with your goods/services across all 50 states.
• Public notice of ownership, discouraging others from using similar marks.
• The right to use the registered trademark ® symbol.
• Access to federal court for enforcement and potential monetary damages.
• Easier protection on social media and e-commerce platforms like Amazon, Etsy, and Shopify.

It also builds long-term brand value. Investors, distributors, and partners view a registered trademark as an asset that enhances owner credibility.

The likelihood of confusion standard is the USPTO’s way of determining whether your trademark is too similar to another existing mark. Examiners compare the marks’ appearance, sound, meaning, and the relatedness of the goods or services.

Even if two names look different, confusion can exist if the products or services are similar or move in the same channels of trade. For example, “GlowSkin” for cosmetics could conflict with “GloSkin” for beauty serums.

Our attorneys review your mark through the same lens the USPTO uses to anticipate and avoid conflicts before filing. Any potential conflicts would be explained in your Attorney Opinion Letter.

A trademark search goes beyond a quick Google check. A comprehensive federal trademark search examines:
• The USPTO database for similar active and pending marks
• Common law sources (business names, social media, domain names)
• Phonetic and spelling variations

Failing to search properly is one of the biggest causes of USPTO refusals. At FlatFeeTrademark.com, every application includes an attorney-led search and analysis, helping you avoid wasted time and fees.

If you haven’t started selling your product or service yet but plan to soon, you can file an Intent-to-Use (ITU) application. This reserves your name or logo at the USPTO while you prepare for launch.

If your mark is provisionally approved, the USPTO will issue a Notice of Allowance, giving you additional time (with the option to show use or request extensions of time as needed) to show use of your mark in commerce. Once you start selling, we can assist you in filing a Statement of Use with proof (called a trademark specimen) showing the mark in use.

Filing an Intent to use trademark application incurs additional legal and USPTO filing fees. But filing early helps secure priority rights and prevent others from claiming your name before you launch.

A U.S. trademark registration can last forever, if maintained correctly. After registration, you must file maintenance documents with the USPTO:
• Between years 5–6 following registration: Section 8 Declaration of Use
• At year 10 and every 10 years thereafter: Combined Section 8 & 9 renewal

Missing these deadlines will result in cancellation of your trademark registration. We send our clients reminders and handle trademark renewal filings to keep your trademark active and protected.

With an unregistered mark, you only have common-law rights in the limited geographic area where you actually do business. A federal trademark registration gives you nationwide rights and stronger legal remedies if someone infringes your mark.

You can stop infringers anywhere in the U.S., block counterfeit imports through U.S. Customs, and secure verified brand protection on platforms like Amazon, Walmart and TikTok.

If your business is growing internationally, you have two main options for protecting your trademark abroad: filing through the Madrid Protocol or filing directly in each country.

The Madrid Protocol, administered by the World Intellectual Property Organization (WIPO), allows you to extend your U.S. trademark registration to more than 120 member countries through a single centralized filing. It can be convenient, but it’s not always the most efficient or cost-effective path, especially if you’re targeting specific countries or regions.

At FlatFeeTrademark.com, we typically work with a network of trusted local trademark attorneys around the world to file directly in each jurisdiction. This approach often offers stronger protection, faster turnaround, and direct communication with attorneys who understand the local trademark offices and laws.

We’ll help you decide which route makes the most sense for your business, budget, and long-term brand strategy.

Trademark infringement occurs when someone uses a mark confusingly similar to yours for related goods or services. As the owner of a registered trademark, you can:
• Send a Cease & Desist letter demanding they stop
• File a takedown request on social media or e-commerce sites
• File a Letter of Protest or Trademark Opposition at the USPTO if they have applied for a trademark
•Bring a federal court action for damages and injunctions

Our firm routinely assists clients with enforcement, from friendly resolution to formal legal action.

Foreign applicants must appoint a licensed U.S. trademark attorney to file or respond to the USPTO. This rule ensures filings comply with U.S. law and communication is handled properly.

We represent clients from more than 40 countries, including startups, luxury brands, manufacturers, and e-commerce sellers, seeking to enter or expand into the U.S. market. We handle filings, Office Action responses, and ongoing trademark maintenance on your behalf.