Bellevue Trademark Lawyer & Trademark Registration Attorneys – Strategically Protect Your Brand
Your brand is one of your business’s most important assets. Securing a trademark is not just about filing paperwork—it’s about protecting your identity, deterring infringement, and increasing the value of your company. At MDK Law, our trademark registration lawyers are available to help businesses nationwide file and protect their trademarks with the United States Patent and Trademark Office (USPTO). If you’re looking for the best trademark lawyer to protect your intellectual property, we invite you to contact us to find out how we can help you.
How Much Does a Trademark Lawyer Cost? Our Flat-Fee Trademark Registration Package – $1,400
At MDK Law, we’ve streamlined the trademark registration process into a flat-fee package designed to give you clarity, efficiency, and confidence in protecting your brand. For a single flat rate of $1,400, we handle the essential steps needed to file your mark with the United States Patent and Trademark Office (USPTO) and guide you through the entire trademark application process, managing all aspects from start to finish.
Here’s what’s included:
- Initial Consultation
You’ll have a consultation with one of our trademark attorneys to discuss your branding goals and assess the best strategy for protecting your mark. We will want to learn about the specific services or products to which your trademark pertains. - Preliminary Trademark Availability Screening
We perform a basic availability check to identify conflicts with existing trademarks. (Comprehensive trademark clearance searches are available upon request for an additional fee.) - USPTO Trademark Application Filing
We draft and file your application with the USPTO and include the government filing fee for one class of goods or services. - Responses to Simple Administrative Office Actions
If your application requires minor clarifications or adjustments, we’ll prepare and file responses at no additional cost. - Application Monitoring and Status Updates
We track your application throughout the USPTO process and keep you informed of every important milestone. - Final Registration and Certificate Management
Once approved, we provide your official registration certificate and offer guidance on proper trademark use and future maintenance requirements.
The total cost for our flat-fee trademark registration package is $1,400.00, which includes filing for a single class of goods or services with the USPTO. If your application covers more than one class, each additional class will cost $400.
For “Intent to Use” applications, there is an additional charge of $150 per class to submit proof of use.
Please note that while responses to simple administrative Office Actions are included in the package, any complex Office Actions, legal appeals, claims of infringement by others, or unexpected issues that arise during the trademark process will be billed separately at our standard hourly rates.
NOTE – As mentioned below, there are ongoing requirements and filings that need to be done periodically after a trademark is registered to keep the trademark effective. These are not included in our registration package; however, we can notify you of these dates and assist in the completion of the required filings – just let us know if you would like us to do so.
Don’t let someone else take advantage of the intellectual property that you’ve built. Whether you’re launching a new brand or needing to protect an established one, our team is here to guide you every step of the way through your trademark application. Call MDK Law today at (425)-455-9610 to start your trademark registration with an experienced Bellevue trademark attorney.
Trademarks & Intellectual Property
Intellectual property (IP) encompasses the legal rights that arise from the creation of original ideas, inventions, and innovations. For businesses, intellectual property is a cornerstone of competitive advantage, covering a range of proprietary assets such as trademarks, patents, copyrights, and trade secrets. Each form of IP serves a unique purpose in protecting the creative and commercial interests of a business.
Trademarks play a crucial role in brand recognition and protection, allowing companies to distinguish their goods and services from those of other businesses. By securing exclusive rights to a trademark, a business can safeguard its identity and reputation in the marketplace. The United States Patent and Trademark Office (USPTO) oversees the trademark registration process, ensuring that businesses can obtain and enforce these exclusive rights.
Understanding intellectual property law is essential for navigating the complex landscape of trademark registrations, patent and trademark office procedures, and the protection of trade secrets. By leveraging the registration process and working with experienced intellectual property attorneys, businesses can protect their most valuable assets and maintain a strong position in the market.
What Is a Trademark?
A trademark is a word, phrase, symbol, logo, business name or service mark that identifies and distinguishes the source of a product or service from those of others. It acts as a badge of origin, letting consumers know who is behind the product or service. Common examples of trademarks include business names, brand names, product lines, logos, slogans, service marks, and even distinctive packaging (i.e., trade dress). Trademarks can also include non-traditional marks like colors, sounds, or even smells in limited circumstances—so long as they signal the source of goods or services.
At its core, a trademark is about brand protection. It gives the owner the right to prevent others from using a similar trademark or confusingly similar marks. A trademark attorney plays a critical role in making sure your mark qualifies for registration, does not infringe on existing rights, and is strategically positioned to protect your brand over the long term.
Where Are Trademarks Registered?
Trademarks are registered with the United States Patent and Trademark Office (USPTO) and are classified into different international classes, each representing a category of goods or services. This means that two businesses could technically have similar marks, as long as they operate in unrelated classes (for example, Delta Airlines vs. Delta Faucets).
What is the Difference Between a Federal and a State Trademark?
The basic difference is that a federal trademark offers nationwide protection for the goods or services covered by the mark, while a state trademark only offers protection within a specific state. For that reason, federal trademarks are preferred. Federal trademarks also offer other benefits, including the right to sue infringers in Federal court.
Do I Need to File for a Federal Trademark?
Do you care if a new competitor emerges that begins selling the same services or products that you are selling using the same name that you are using? If you do, then a federal trademark will allow you to bring a lawsuit against this other competitor to stop using the mark that you have registered, and (potentially) to also recover damages for their infringing use of your mark. Without registration, this is not possible.
Types of Trademarks Based on Distinctiveness
Not all trademarks are created equal. The USPTO evaluates marks based on their distinctiveness—how easily the mark identifies and differentiates the source of a product. Here are the main categories of trademark distinctiveness:
- Generic Marks. These are common terms used to describe a product or service (e.g., “Computer” for a computer brand). Generic terms cannot be registered as trademarks because they fail to identify any particular source and must remain available for public use.
- Descriptive Marks. Descriptive marks directly describe a characteristic, quality, or feature of the product or service (e.g., “Cold and Creamy” for ice cream). These marks are usually not eligible for trademark protection unless they acquire secondary meaning, proving that consumers have come to associate the term specifically with your business.
- Suggestive Marks. These hint at the nature or quality of the product but require imagination or thought to make the connection (e.g., “Netflix” for streaming content or “Greyhound” for fast bus travel). Suggestive marks are considered inherently distinctive and are eligible for registration without the need to prove secondary meaning.
- Arbitrary Marks. Arbitrary marks use existing words in a way unrelated to their common meaning (e.g., “Apple” for computers). Because of their distinctiveness, arbitrary marks are strong trademarks and easy to register.
- Fanciful Marks. These are made-up or invented terms with no prior meaning (e.g., “Kodak” or “Xerox”). Fanciful marks are the strongest type of trademark, offering the broadest protection because they are entirely unique.
When developing your brand, choosing a more distinctive mark can make a significant difference in both obtaining a trademark and enforcing it later. A Bellevue trademark attorney at MDK Law can help you evaluate your options, conduct a comprehensive trademark search, and ensure your application meets the distinctiveness requirements set by the USPTO.
What Are the Different Trademark Classes?
Trademarks are categorized by the USPTO into 45 classes: 34 for goods and 11 for services. Each class represents a category of goods or services that a trademark covers. For example:
- Class 25: Clothing, footwear, headwear
- Class 35: Advertising and business services
- Class 9: Software and electronic devices
- Class 41: Education and entertainment services
When you file a trademark, you must specify the class or classes under which your goods or services fall. If your business operates in multiple categories, additional filing fees apply per class. A Bellevue trademark lawyer at MDK Law can help you determine the correct classes and tailor the selection to your specific trademark needs to ensure broad and accurate protection.
Should I Use a Trademark Lawyer?
Hiring a trademark lawyer significantly increases the odds of success at the USPTO. Most rejections are due to technical filing errors or conflicts with existing marks—problems that can often be avoided with proper legal guidance.
When a trademark is filed, it is critical that the trademark is filed for the appropriate class or classes in which the mark will be used. If a trademark is not filed in the right class, the trademark might be rejected. Working with an experienced trademark lawyer can save significant time in ensuring that a trademark is filed for the appropriate class so that owners can prevent others from using the same mark with respect to goods or services in that class.
While it is possible to file a trademark without a lawyer, doing so risks rejection, delays, or loss of rights. Our trademark attorneys represent clients throughout the process, providing practical advice to help individuals understand the complexities of trademark law. We can help you assess risk, avoid common pitfalls, and file your application strategically to maximize brand protection.
Trademark Monitoring and Maintenance
Trademark monitoring is a proactive strategy that involves tracking the marketplace for the use of similar trademarks by other parties. This ongoing vigilance is essential to prevent trademark infringement and to ensure that your trademark rights remain uncompromised. Regular monitoring allows businesses to identify potential conflicts early and take swift action against infringing parties, helping to protect their most valuable asset—their brand.
What Do I Need to Do To Keep My Trademark?
After registration, there are ongoing periodic filings that must be made including statements of continued use and renewal applications to keep a trademark registration active and enforceable. Neglecting these maintenance requirements can result in the loss of trademark rights and leave your brand vulnerable. Please let us know if you would like our office to advise you of these matters. We can also assist with the applicable filings (this cost is not a part of the trademark registration package discussed above).
Trademark Portfolio Management
Trademark portfolio management is the strategic process of developing, maintaining, and protecting a business’s collection of trademark assets. Effective management requires not only a thorough understanding of trademark law, but also alignment with your company’s growth strategy and market positioning.
At MDK Law, our experienced trademark attorneys help businesses build and manage strong portfolios by conducting clearance searches, guiding registrations, monitoring deadlines, and advising on enforcement and brand expansion. A well-maintained trademark portfolio does more than just protect against infringement—it enhances your intellectual property value and supports long-term business objectives. Please let us know if you would like us to undertake these additional services.
Let us help you protect your marks. Call us now at 425-455-9610 to schedule a consultation with an experienced trademark attorney. In addition to trademark registrations, our firm can also assist with other intellectual property matters, including trademark office actions, trademark litigation, and other IP matters.
How Long Does it Take for a Trademark to Be Granted?
The U.S. trademark registration process involves several key stages and can take anywhere from several months to several years, depending on the complexity of the application and the workload of the USPTO.
What Happens After a Trademark Registration Has Been Made?
After a trademark filing has been made, the USPTO will review your application to determine if your mark meets the requirements for registration. If approved, your trademark will be published in the Trademark Gazette, giving other interested parties the opportunity to file an opposition if they believe your mark conflicts with a mark.
If no oppositions are filed, or if any are resolved in your favor, the USPTO will issue a trademark registration certificate, granting you exclusive rights to use the mark in connection with your specified goods and services. Throughout the registration process, experienced trademark attorneys can provide valuable guidance, from conducting a comprehensive trademark search to responding to office actions and oppositions.
Can I See The Status of a Trademark Filing?
Yes. The USPTO’s online database allows you to track the progress of your application at each stage of the registration process.
When Does a Trademark Need to Be Renewed?
Once your trademark is registered, it’s important to maintain and renew it on time to avoid cancellation. Here’s a general renewal timeline:
- Between years 5 and 6: File a Declaration of Use (Section 8)
- Between years 9 and 10: File a Combined Declaration of Use and Application for Renewal (Sections 8 and 9)
- Every 10 years thereafter: Repeat Section 8 and 9 filings
Failure to file these documents on time may result in the cancellation of your trademark registration. At MDK Law, our trademark attorneys can monitor these deadlines for you and handle renewal filings to maintain uninterrupted protection.
Meet Our Trademark Registration Attorneys
Schedule a consultation with Mark or Nahal today to get started on your trademark application. With decades of combined legal experience in business and intellectual property law, our trademark attorneys are here to help you protect your brand and move forward with clarity. Call us at (425)-455-9610 or contact us online to begin the trademark registration process.
Additional Frequently Asked Questions (FAQ) About Trademark Registration
Do I need a lawyer to file a trademark?
No, but it’s strongly recommended. Filing without legal help can lead to rejection or an unenforceable registration. A trademark attorney can help you avoid mistakes and identify conflicts that may not be obvious.
What is the most common reason that a trademark application gets rejected?
The most frequent reason is a “likelihood of confusion” with an existing mark. This happens when your mark is too similar to another in the same or related industry.
Can I trademark a name on my own?
Yes, but self-filed applications are more likely to be rejected or face delays. A trademark lawyer can increase your chances of success by conducting proper research and drafting the application correctly.
How much does it cost to file a trademark?
Our flat-fee trademark package is $1,400 for a single-class application. Additional fees apply for extra classes or certain types of filings, such as “Intent to Use” applications.
What Happens If the USPTO Issues an Office Action?
An Office Action is an official letter from the USPTO that identifies issues with an application. These may be procedural, such as formatting errors, or substantive, such as a conflict with an existing trademark. A trademark attorney can help interpret the Office Action, craft a legal response, and increase your chances of overcoming the refusal.
Simple Office Actions are included in MDK Law’s filing package, while complex legal objections may incur additional fees.
Should I Hire a Trademark Attorney Near Me?
Because trademark law is federal, you don’t need to hire a local attorney. At MDK Law, we are available to assist trademark applicants nationwide.
However, if you’re located in Bellevue, Kirkland, Seattle or anywhere in Washington, working with a Bellevue trademark attorney can offer advantages like in-person consultations and local business insight. MDK Law offers personalized service to Washington-based businesses and entrepreneurs while serving clients nationally.
Get Peace of Mind for Your Trademark Filing
Whether you’re launching a new product, rebranding, or protecting a long-standing company name, MDK Law can help you secure your rights from the start. We represent businesses of all sizes, from entrepreneurs and startups to established corporations, with a special focus on helping small business owners.