If you’re building a business, launching a brand, or creating a product line, you’ve likely searched how to file a trademark to protect your name, logo, or slogan. And while filing might seem like something you can DIY, the truth is—many applications get rejected due to common, avoidable mistakes.
In this article, we’ll walk you through what the trademark process looks like, and why hiring a trademark attorney can be the difference between smooth sailing and wasted time (and money).
Step 1: Make Sure Your Trademark Is Available
Before you file, you’ll need to conduct a comprehensive trademark search. That means more than just checking if a name is taken on social media or in the U.S. Patent and Trademark Office (USPTO) database.
Why? Because even if your exact name isn’t in use, a similar name in a related industry can still block your application or result in a legal challenge down the line.
💡 Tip: A trademark attorney can conduct a legal risk analysis to see what’s likely to get approved, and what’s likely to get rejected.
Step 2: Determine the Right Class of Goods or Services
The USPTO uses “classes” to categorize different types of goods and services. You’ll need to list the right class (or classes) that apply to your brand.
Here’s the catch: picking the wrong class or using vague descriptions is one of the top reasons trademarks get denied or delayed.
Step 3: File the Trademark Application
Once you’ve confirmed availability and selected your class(es), it’s time to file the application. You’ll need to include:
- The name, logo, or phrase you want to trademark
- The goods or services it will be used with
- Whether it’s currently being used or will be used in the future
- A specimen showing actual use (for in-use applications)
This part is technical and if you make a mistake, it could cost you your filing fee or result in a long Office Action from the USPTO.
Step 4: Respond to Any Office Actions
After you apply, an examining attorney at the USPTO reviews your application. If they find any issues, they’ll issue an Office Action, which you’ll need to respond to within a deadline, usually 3 months.
These can be legal in nature, such as likelihood of confusion or issues with your specimen. Responding incorrectly (or not at all) can kill your application.
Why You Shouldn’t File a Trademark Alone
It’s tempting to try to save money by filing a trademark yourself. But here’s the truth:
- Thousands of applications get rejected each year due to legal or procedural errors.
- Your filing fee is non-refundable, even if your application is denied.
- Fixing mistakes later is often more expensive than getting it done right the first time.
Want to Actually Own the Rights to Your Brand? Hire a Lawyer.
At Landry Legal, we handle trademark filings from start to finish, including:
- Trademark availability search and legal analysis
- Drafting and filing the USPTO application
- Handling Office Actions and examiner responses
- Advising on enforcement and brand protection
When your brand matters, don’t leave it to chance. We’ll make sure your application is legally strong, strategically filed, and positioned for approval.
Ready to Protect Your Brand?
If you’re serious about protecting your name, logo, or slogan, don’t just Google how to file a trademark—get it done the right way.
📞 Call us at 888-914-0011
📧 Email contact@landrypllc.com
Or learn more at https://landrypllc.com/trademark-services/
