Yes, and this is one of the most common questions we hear. Your LLC name is registered with the state for business purposes only. A federal trademark protects your brand name, logo, or slogan in the marketplace and gives you exclusive rights to use it nationwide in your industry. They serve completely different functions.
From your first consultation to the day your registration issues, Legendaria manages the strategy and the follow-through. Here is what to expect.
This is your strategy session with Legendaria. We talk about your brand, your goals, and what you are looking to protect. We go over your options, what the process involves, and what it costs. You leave with clarity, not confusion.
Before we file anything, we conduct a comprehensive clearance search. That includes the USPTO federal trademark database, state trademark records, and common law uses: websites, social media, and domain names. We then prepare a written analysis of our findings and a recommended filing strategy tailored to your brand. We will walk you through everything before anything is filed.
We prepare and file your application with the USPTO. Every decision about the description of goods and services, the International Class selections, and the filing basis is made strategically and with your long-term goals in mind. The process typically takes 12 to 18 months from filing to registration, though timelines vary and are subject to USPTO workload.
The USPTO reviews every application and may issue an Office Action, which is a formal question or objection that requires a written response. We monitor your application throughout prosecution and respond to Office Actions according to the terms of your package. See the Questions, Answered section below for a full explanation of what is included at each level.
Once your trademark registers, you have the exclusive right to use that mark nationwide in connection with the goods and services you registered. Registration is a major milestone, but it is not the finish line. See the Keeping Your Trademark Protected section below for what comes next.
These package prices cover attorney fees only. USPTO filing fees are separate and paid directly to the government.
Founders who want real legal representation and a clear path to registration at an accessible entry point.
Entrepreneurs who want to file once, stay covered, and never wonder what happens if the USPTO pushes back.
If you need to protect both your name and your logo, our two-mark bundles, Brand Foundation+ and Brand Legacy+, cover one International Class per mark, for registering a wordmark and logo in the same class.
Founders ready to protect both their name and their logo at an accessible entry point.
Entrepreneurs who want full coverage on both marks — with substantive responses included for low-risk marks and no surprises if the USPTO pushes back on either one.
If your name and logo fall under different International Classes, or you need to register more than two marks, that is something we will identify during your trademark consultation, along with a quote based on the complexity of your filing. The specific scope of services for your matter is set out in your engagement agreement.
A registered trademark requires ongoing attention to stay protected. Missing a deadline or failing to maintain your registration can result in cancellation, putting everything you built at risk. These deadlines are your responsibility to track, and we want to make sure you know exactly what to expect.
If you filed an intent-to-use application, a Statement of Use is required before your trademark can register. We handle the filing and timing during active representation so nothing slips through.
Between years five and six after registration, you are required to file a Declaration of Use with the USPTO confirming your trademark is still active. Miss this window and your registration can be cancelled. Mark it on your calendar now.
A trademark is any word, name, logo, slogan, or symbol that identifies the source of your goods or services and sets your brand apart from others in the marketplace. When you register a trademark with the USPTO, you gain the exclusive right to use that mark nationwide in connection with the goods or services you listed in your application.
They protect different things. A trademark protects the identifiers of your brand: your business name, logo, slogan, or tagline. It is tied to the goods or services you offer. A copyright protects original creative works, like the content of your course, the text of your ebook, or photos you have taken. Many business owners need both, and during a consultation we can help you figure out which applies to what you have built.
No, and this is one of the most common misconceptions we hear. Forming an LLC prevents another business from registering the same name in your state for business formation purposes only. It does not give you any rights in the marketplace. Only a federal trademark registration gives you nationwide protection and the legal standing to stop others from using a confusingly similar name in your industry.
No. Social media handles and domain registrations establish your online presence, but they do not create trademark rights. They do not give you legal standing to stop someone else from using a confusingly similar name in your industry. Only a federal trademark registration does that.
Brand names, logos, slogans, product names, course names, podcast titles, and in some cases sounds, colors, or trade dress can all potentially be registered. During your consultation we will look at what you have and talk through what is protectable and what filing strategy makes the most sense.
Generic terms, overly descriptive words, and common phrases that simply describe your goods or services are generally not eligible for registration. For example, you cannot register the word “bakery” for a bakery because it does not distinguish your brand from anyone else’s. During your clearance analysis we evaluate the strength of your mark and flag any potential issues before we file.
The sooner the better. There are two types of trademark applications: one for marks you are already using in commerce, and one for marks you have a genuine intent to use. Filing early locks in your priority date, which matters if a conflict ever arises later. Waiting until after you have built your brand, your audience, and your reputation creates real risk. Someone else could file first and own the name you have been building on.
On average, 12 to 18 months from the date you file to the date your registration issues, sometimes longer if the USPTO issues an Office Action or if a third party opposes your application during the publication period. The important thing to know is that the date you file is the date your priority is established. That is why filing early matters even though registration takes time.
A federal trademark can last indefinitely as long as it is properly maintained and actively used in commerce. You will need to file a Declaration of Use between years five and six after registration, and renew every ten years after that. Missing these deadlines can result in cancellation, so we recommend keeping your own calendar reminders as a backup.
You can, but it is not recommended. The USPTO is a legal system, not a form-filling service. Mistakes in class selection, the description of goods and services, or the specimen submitted can result in a rejection, or worse, a registration that does not actually protect what you thought it did. A rejected filing still costs you the government filing fees, and correcting a poorly filed application often costs more than doing it right the first time.
This is exactly why a clearance search before filing matters. If a conflict exists, we evaluate how serious the risk is, whether it affects your specific goods or services, and what options you have. We make sure you have a clear picture before anything is filed. In some cases, there are strategies to work around it. In others, it is better to know early, before you build further around a name you may need to change.
An Office Action is a formal letter from the USPTO raising a question or concern about your application. Office Actions are common and do not mean your application will be denied. They simply require a written response within the USPTO’s deadline. There are two types: non-substantive and substantive. See the next question for the difference.
Be careful. Many of those services are not law firms and are not staffed by attorneys. They file applications without real legal analysis, without a thorough clearance search, and without the ability to advise you on strategy or respond to legal issues if they arise. It often costs more to fix a poorly filed application than to do it correctly the first time. Attorney fees for full-service trademark prosecution typically range from $2,500 to $5,000 or more depending on complexity and scope. At Legendaria, every client receives real legal analysis and the guidance of an attorney — not a form-processing service.
Yes. A word mark (your brand name in plain text) and a logo mark are treated as two separate trademarks by the USPTO, even if they contain the same words. Registering both gives you broader protection: your word mark covers the name regardless of how it is displayed, while your logo mark protects the specific design. If you want to protect both, our two-mark bundle is designed exactly for that situation.
We offer flat-fee packages starting at $2,500 for a single mark and $4,500 for two marks. Every package includes a clearance search and opinion letter, USPTO application filing, and non-substantive Office Action responses. What varies by package is whether substantive Office Action responses are included and how many clearance searches you receive, which we walk through together so you can choose the package that fits your mark. USPTO filing fees are separate from these attorney fees and are paid directly to the government. See the Flat-Fee Packages section above for the full breakdown.
A registered trademark gives you the legal right to stop others from using your name, logo, or brand nationwide.
