When you’re launching or growing a business, protecting your brand should be high on your list—but for many entrepreneurs, trademarks are unfamiliar territory. The good news? You’re not alone. At TradeMark Express, we’ve worked with thousands of small business owners, startups, and branding professionals, and the same top trademark questions come up again and again.
Here’s a breakdown of the most common trademark concerns—and what you really need to know to move forward with confidence.
This is one of the most common trademark questions we hear. The short answer: yes—if you want to legally protect your brand name, logo, or product line.
A trademark gives you exclusive rights to use your brand in connection with specific goods or services.
Without it, someone else can adopt a similar name or logo—and you may have little legal ground to stop them. Worse, if another business has already registered a similar mark, you could be forced to rebrand altogether.
Registering a trademark isn’t just about defense—it’s about building lasting value in your business identity.
This distinction trips up many entrepreneurs. A trademark search identifies possible conflicts with existing names, logos, or slogans that are already in use—whether registered federally or not. A trademark filing, on the other hand, is the actual application submitted to the USPTO.
Unfortunately, many first-time business owners skip the search and go straight to filing. That’s a costly mistake. Without a proper clearance search, your application could be rejected—or worse, you could end up infringing on another brand’s rights.
Not at all.
While business/brand names are the most common, you can also trademark:
But here’s the catch—not everything is eligible. Generic terms (“Fresh Apple Pies” for a line of apple pies) or purely descriptive phrases (“Quick Legal Help” for, well…quick legal help) won’t pass muster. One of the top trademark questions we hear is whether a name is “strong” enough to be protected. That’s where clearance comprehensive research comes in.
Trademark costs depend on key factors affecting your initial filing fee:
Keep in mind there are additional fees. With an Intent-to-Use application, you’ll need to submit a form once your trademark is in use. After registration, timely renewal and maintenance filings are required to keep your trademark active.
Here’s a chart outlining fees from initial filing to post-registration costs –
On average, the full process—from search to final USPTO registration—takes 8 to 12 months. Here’s how it breaks down:
Using an experienced team for prep can prevent costly delays or rejections.
Yes, you can—but timing matters.
If you haven’t started selling your product or service yet, you can file what’s called an Intent to Use trademark application. This tells the USPTO that you plan to use the name or logo in commerce soon.
It’s a smart move for entrepreneurs who want to secure their brand early, especially during product development or pre-launch.
However, an Intent to Use application still requires follow-up. You’ll need to submit proof of use (via a Statement of Use) later (like a website, packaging, or marketing materials) before your registration becomes official.
Once you’re ready to move forward, TradeMark Express services offer flexible packages based on your needs and timing:
🔹 Start Up – Ideal for early-stage entrepreneurs evaluating one business name. Includes a full comprehensive trademark and common law search.
🔹 Premium – Our most popular package. Includes full Federal, State, and Common Law trademark research to uncover potential conflicts—plus application preparation.
🔹 Urgent – Perfect when time is tight. Get everything in the Premium package, but with priority turnaround and 3 possible name options.
We’re not a law firm, but we provide comprehensive clearance and application prep—and can refer you to our experienced trademark attorney network if legal advice is needed.
If your trademark search uncovers a conflict, don’t panic—it’s more common than you might think. This is exactly why comprehensive Federal & State Trademark and Common Law searches matter before you file.
If a conflicting name or mark is found, you have options:
TradeMark Express makes this process easier.
If your first name doesn’t clear the search, you don’t have to start over from scratch. Our rollover option lets you apply part of your original package cost toward searching a second or even third name—saving you time and money. (available with Premium & Start Up packages)
Trademarking doesn’t have to be confusing. By asking the right questions early, you can avoid costly mistakes and build a strong foundation for your brand.
Ready to take the next step? Explore TradeMark Express services for expert guidance, in-depth research, and reliable trademark support tailored for small business owners and startups.
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