Flat Fee Trademark

Yes. I’m the Managing Attorney at Syed Law based in Chicago, Illinois. I licensed in not one, but two states—California and Illinois. Thankfully, any US-licensed attorney can represent you before the USPTO, not simply attorneys in your state. That being said, it is good to have someone who focuses on trademarks. I've helped hundreds of clients get the "®" symbol for their brand, and look forward to working with you.

Within 5-7 business days. However, this will depend upon the number of names or logos you want to trademark. For example, it may take longer to conduct a search for a several logos versus one or two brand names. If you need expedited service, please contact me for pricing.

Yes. If I do not pick up the phone right away, it usually means I am on the other line (my office gets on average two dozen calls per day, and several dozen emails all close in time). My policy is to return any missed calls as soon as possible, and I have a strong track record of getting back to prospective clients within 24 hours. However, the fastest way to get my attention is via email, and I request that you can contact me at asyed@syedlawoffices.com or via the contact page. 

The USPTO Examining Attorney will review your trademark application after 9 to 10 months. I discuss the trademark process timelines in detail here.  

Due to COVID-19, it takes on average 12 to 18 months to register a trademark due to the backlog at the USPTO.

With trademark filing companies you probably will not be able to reached the attorney on your file. That is because most trademark filing companies have no attorneys -- they have sales representatives. While it is true that you might save a little money by going with a trademark filing company, it is also true that the risk of a trademark Office Action rejection is higher. In fact, my hunch is that most of these companies are outside the US. I even wrote an article about one company that received sanctions.

In addition, if there is no attorney on file (common with trademark filing companies that do not list real attorneys names) there is a good chance the filing company will abandon your file if you receive an Office Action. That is because they may be filing trademarks without a law license  -- a serious offense. Clients who go with trademark filing companies end up hiring me anyway to fix the problem that could have been avoided.

If all those reasons were not good enough, I can tell you from direct experience that most of these companies rely upon fear and anxiety to get clients to cough up additional money. 

Therefore, you may end up spending more on the long run if you chose to select a trademark filing company. 

I've obtained several clients dissatisfied by the trademark filing mill model. Even if you do not select our law firm, I would recommend reaching out to an experienced trademark attorney.

Yes, I will personally review your trademark from start to finish. In fact, I would say that an attorney who doesn't do so is shirking his or her duty. I offer a one-stop shop for all your trademark services, unparalleled client experience, years of legal trademark experience, and reasonable fees that you cannot find elsewhere.

Syed Law fills the market niche between the cheap trademark filing companies that over promise and underdeliver, and the expensive attorneys who bill by the hour.

You can check TESS for all my filings to determine my experience, simply clicking on "Word and/or Design Mark Search (Free Form)" and typing “Ahad[AT] and Syed[AT]" in the field provided. 

Second, trust is the hallmark of any professional relationship, including an attorney-client relationship. As an attorney-client relationship is guarded by a “privilege” which limits what I can say to other people about you. I assert the attorney-client privilege to guard our communications as confidential—similar to how your doctor’s visits are strictly confidential. 

Yes. Most of my clients are eCommerce retailers who sell online and use services like Amazon Brand Registry or Shopify.

Yes. As soon as I file your trademark application, you will immediately receive a Serial Number that you may submit to Amazon Brand Registry. That will start the process for acceptance on Brand Registry without the need for IP Accelerator. However, I would ask that you wait 5 days because the USPTO server will not immediately show your filing.

Yes. The first "maintenance" filing between the 5th and 6th registration anniversary. You first "renewal" is between the 9th and 10th registration anniversary. Once that is complete, you will only need to renew once a decade (for example, between the 19th and 20th anniversary, between the 29th and 30th anniversary, etc.).

Yes. If you are non-US resident or have a business domiciled outside the US, the USPTO requires that you hire a US attorney to file your trademark application.

Yes. In fact, several of my clients live outside the United States. I am thrilled to serve clients outside the United States, and file their trademark with the USPTO as their US Attorney of Record. As mentioned in this FAQ, individuals or companies not located in the United States must hire a US-licensed attorney.

If you start using a brand name or logo in commerce, you can use the TM symbol next to your brand name or logo at any time. The “TM” means it is a “common law trademark,” which arises out of any use, but it gives you little real value. You can only use the “R” with a circle (®) around your mark only after you have successfully registered your trademark. Registering a trademark with the USTPO gives your mark priority over other trademark filings. Registration also provides you with the ability to seriously threaten and bring suit for enhanced damages under trademark infringement law.

Yes. 

There are two ways to use and file a trademark. You can either use it first, then file (risky). Or, you can file first, and incur a modest filing fee later (~$100-$150).

The benefit to the first method is having the evidence upfront. The advantage to the second method is getting your "foot in the door" with a filing and preserving your priority date.

Yes. Doing it this way preserves your priority date, and allows you to show proof of use later. 

Depends. Think of DOVE for soap and DOVE for chocolate. Both may co-exist. You may file in a different class if your name is taken. For example, let’s say you want to trademark “Blue Wand” for computer software, but you find out someone has registered a trademark for “Blue Wand” for apparel and tee shirts. In that case, you can still file an application for “Blue Wand” because you are in an entirely different class. But if it was Blue Wand for downloadable mobile applications, then it becomes a tricky matter. 

I would recommend a short consultation in you are facing this issue and I can provide some clarity.

Generic names like “The Donut Shop” or descriptive names like “The Auto Store” are not registrable. The general rule is that trademark registration protection is given to creative, unique, and interesting names that do not directly describe the product’s quality, function, or purpose. For example, think about ROLEX (fanciful), APPLE (arbitrary), and GREYHOUND (suggestive). These names pass the trademark distinctiveness test and are registrable. 

Depends on who is using the trademark -- is it the business or the individual?

As a practical matter, it is better to file as a business because you save money because you will not need to transfer the trademark. It is also better from a privacy standpoint; if you file personally, your personal information, particularly your address will be made public.