Trademark Attorney

You can file through USPTO.gov without a lawyer. The issue is what happens when something goes wrong. Examiners issue office actions on a significant portion of applications: a required reply that costs $500–$2,000 with an attorney, and that assumes the issue is fixable. Professional filing costs more upfront. The total cost is almost always lower when you account for mistakes, abandonment, or rebranding after a conflict surfaces.

USPTO filing fees run $250–$350 per class of goods or services. CIPO fees in Canada start at CAD $336 for the first class. Attorney fees for a straightforward single-class US application typically add $500–$1,500. A single trademark in one class, filed correctly, costs $800–$2,000 all-in. Multi-class, multi-country, or contested applications cost more. I quote clearly before any work begins.

Expect 8–14 months at the USPTO for a straightforward application with no office actions or oppositions. Canadian CIPO applications take 18–24 months. You can use ™ the moment you file. ® comes after registration is confirmed. These timelines assume no substantive issues; a likelihood-of-confusion rejection or third-party opposition extends them.

Yes. This is something most trademark attorneys cannot say. I'm licensed in California and in Ontario, which means I handle both USPTO applications and CIPO applications directly, without referring you to a separate Canadian firm. For clients who operate in both markets, managing both filings from one attorney keeps strategy consistent and eliminates the handoff problem.

™ signals that you are claiming trademark rights in a mark. You can use it the moment you begin using the mark in commerce, with or without a federal registration. ® means the mark is federally registered with the USPTO or CIPO. Using ® on an unregistered mark is illegal. Once registration is confirmed, you switch from ™ to ®.

An office action is a formal letter from the USPTO examiner explaining why your application cannot proceed as filed. Common reasons include likelihood of confusion with an existing mark, a description of goods and services that is too broad, or a mark that is considered merely descriptive. Most office actions carry a six-month response deadline. Missing that deadline abandons the application.

A clearance search goes beyond typing your brand name into the USPTO TESS database. A thorough search covers federal registrations, state registrations, common-law uses, domain names, and social media handles. I use professional search tools and legal judgment to assess conflict risk: not just whether a name is registered, but whether a similar name in a related industry creates legal exposure before you invest in the brand.

In the US, trademark rights are built on first use in commerce. Registration strengthens those rights. In Canada, rights flow primarily from registration, making early filing more strategically important. Canadian applications also require a bilingual description of goods and services. I handle both systems. CIPO's trademark guide is the authoritative Canadian reference.

The outcome depends on timing and prior use. If you have been using the mark in commerce before the other party filed, you may have priority, especially in the US, where use can establish common-law rights even without registration. You may be able to oppose the application during the 30-day publication period. This is time-sensitive. If you find that someone has filed on your brand, contact an attorney immediately.

Registration gives you the legal standing to stop confusingly similar uses through a cease-and-desist letter, a TTAB proceeding, or a federal lawsuit under the Lanham Act. The ® symbol puts the market on constructive notice, which strengthens your position in any enforcement action. Registration does not prevent infringement. It gives you the tools to act when it happens.