How Trademark Counsels works

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Fill out questionnaires or create an account

Complete our simple questionnaire in just 7 minutes or create an account and select an Attorney in your State to start the registration process. 

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Compile application and search

The application is compiled by an attorney. A search may be conducted to check similar marks.

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Application filing

Your completed application will be filed with the U.S. Patent and Trademark Office (USPTO).

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Why get a trademark?

Most of the brands, logos and slogans you love, know and trust have been registered. A registered mark gives you a presumption of ownership and a presumed right to use the brand nationwide giving you broader protection in courts. Once registered, present yourself as an established and serious business with the ® symbol after your name, logo or slogan.

Other benefits include:
Presumed validity of the mark if you have to sue
Additional remedies in court
May increase the value of your company book.

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Why run a search for similar marks?

Before spending your time and money filing an application, you should do a search to see if your mark is already in use or registered by someone else. A search will help avoid obvious duplications of pre-existing marks. If the USPTO rejects your application, the fees to Trademark Engine and the USPTO are not refundable. If your company is just beginning, its better to make name changes now rather than invest in building a brand only to learn that you have to change the name and lose all of your goodwill. All packages include a free, federal direct-hit search. 

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Get Answer for your legal questions at great prices

Basic Package
$ 125
  • Direct-hit Search
  • Direct-hit search of the federal USPTO database which will include misspellings for live and pending applications.
  • Federal E-Filing with USPTO
  • Electronic filing of your application with the USPTO with no need to wait for mail or dealing with paper files.
  • Application tracking
  • You can track the progress of your application online with a registered account.
  • Electronic Delivery
  • Electronic delivery or your trademark application.
Standard Package
$ 225
  • Comprehensive Trademark Search
  • Comprehensive trademark search that reveals identical and similar marks that can cause a likelihood of confusion issue.
  • Attorney-filed application
  • Filing of the application by a licensed trademark attorney.
  • Application tracking
  • You can track the progress of your application on Trademarkcounsels.com with a registered account.
  • Trademark Monitoring
  • Trademark Monitoring (for 6 months) Post-filing monitoring to notify you of possible infringers.
  • Discount coupon worth $35
  • You receive a discount on an attorney-drafted legal agreement of your choice.
Deluxe Package
$ 325
  • Comprehensive Trademark Search including US Federal & State Trademark Analysis
  • An attorney conducts a comprehensive search that reveals identical and similar marks that can cause a likelihood of confusion issue. A free search on a second mark is provided if first mark is unavailable.
  • US National Common-Law Research
  • An Attorney will search for commercial availability of the mark in over 7000 business databases. Businesses have "first use" or Common-Law rights to their trade names in whatever geographic trade area they serve.
  • Attorney-filed application
  • An Attorney will review, prepare, and file your trademark application within 48 business hours after receiving your order.
  • Application review by Attorney
  • The application is reviewed by an attorney for any issues prior to filing and provide advice based on the comprehensive search report.
  • Access to free Legal Advice
  • You gain access to legal advice from an Attorney and can have your question answered by an available attorney. For example, you may be using the mark well before a competitor but the competitor registered the mark before you. The attorney will advise you on your options. Contact live chat after purchase.
  • Application tracking
  • You can track the progress of your application on Trademarkcounsels.com with a registered account.
  • Trademark Monitoring
  • Trademark Monitoring (1 Year - $175 value) Post-filing monitoring to notify you of possible infringers.
  • Discount coupon worth $50
  • You receive a discount on an attorney-drafted legal agreement of your choice.

Customer Reviews & Testimonials

See why others are choosing Trademark Counsels!

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Trademark Counsels FAQs

Still have questions? Get on LIVE CHAT for real-time support.

One way to understand a trademark is that it is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of another party. A service mark distinguishes the source of a service, rather than a good, but the two are typically simply referred to as a trademark or mark. In more general terms, getting a trademark protects a brand. Many of the well-known brands, logos and slogans you love, know and trust have been registered with the United States Patent and Trademark Office.


Generally, the registration of a trademark, entitles the registrant to a presumption of ownership of the brand on a national level and a presumed right to use the brand nationwide. It may help prevent someone from registering a confusingly similar mark later and may also help the registrant bring a case in federal court if someone infringes on the brand. Once registered, a registrant can typically start using the ® symbol after the name, logo or slogan.


After a mark is properly registered and used for a five-year period, Trademark Engine can also help file a Declaration of Incontestability. Considered by some the greatest protection under U.S. trademark law, this may help prevent others from contesting a trademark on the following grounds: (1) the mark is not inherently distinctive; (2) it is confusingly similar to another mark that someone else began using first; or (3) the mark is simply functional as opposed to identifying the source of the goods or services.

Under U.S. law, a common law trademark is generally established when someone uses a company name, logo or slogan in commerce, even if it is not registered. So, why pay to register a trademark when a common law trademark may already exist? Common law rights ordinarily are limited to the geographic area where the mark is used as opposed to the nationwide protection customarily obtained when a mark is registered with the USPTO. So, unless registered, the use of a mark can be geographically limited, which hampers the ability to expand the brand. On the other hand, a person using a mark in a limited geographic area could be boxed in by someone else who offensively registers a similar mark. In addition, registration of a trademark can give the person holding the registered trademark a leg up in court as to the validity of the mark and the date of usage in later trademark infringement litigation, if it comes to that. There are also favorable remedies available to registered trademark owners in the event of litigation. Finally, once a trademark is accepted by the USPTO, it will be maintained in the USPTO database, which can discourage others from using the mark in the future. Future companies should be on notice that the mark is already spoken for, which should in turn help avoid at least some disputes.

There may be advantages to registering both a name and an associated logo. But bear in mind, each filing requires its own government filing fees and processing fees to Trademark Counsels so registering both costs more than $600.


A more budget-friendly option could involve registering just a company name. Wrongful use of names seems to be more common than wrongful use of logos. Trademarking a name generally provides broader protection because it prevents any use of the name that causes confusion, even if someone tries to use the name within a unique logo.


A mark for a logo typically protects the shape, orientation, stylization and sometimes color in that particular logo. Registering ordinarily prevents others from using that logo or something confusingly similar to the logo. Even if a company name is in the logo, registering the logo may only protect the use of that name in the particular way it is used in the logo and not the use of the name more generally. Moreover, amended or redesigned logos usually require a new application for the new logo. As may be expected, logo changes seem to be more common than name changes.

Much like the availability of a corporate name in a given state does not necessarily provide superior trademark rights to use the name in commerce, the availability of the domain name is not an indication either. A company could have a trademark name on a product or service, but not have acquired the domain name.


The availability of the domain name should be one part of a comprehensive search, which Trademark Counsels offers, to help evaluate the strength of a brand name or slogan and the likelihood of a trademark being approved.


Using a domain name as part of a brand that sells goods or services may establish common law trademark rights. A common law trademark can be established when a name, logo or slogan is used in commerce, even if it is not registered. Common law rights, however, are limited to the geographic area where the mark is actually used as opposed to the nationwide protection typically established by registration of a mark with the USPTO.


The geographic limitations of an unregistered mark can make it difficult to expand a business. On the other hand, a person using a mark in a limited geographic area could be boxed in by someone else who offensively registers a similar mark. In addition, registration of a trademark customarily gives the person holding the registered trademark a leg up in court as to the validity of the mark and the date of usage in later trademark infringement litigation, if it comes to that. There are also favorable remedies available to registered trademark owners in the event of litigation. Finally, once a trademark is accepted by the USPTO, it should be maintained in the USPTO database, which can discourage others from using the mark in the future. Future companies should be on notice that the mark is already spoken for, which should in turn help avoid at least some disputes.


General benefits to registering a mark:

  • Nationwide protection
  • Presumed right to the exclusive use of the mark nationwide
  • Presumed validity of the mark in a lawsuit
  • Additional remedies in court
  • May increase the value of the company
  • May discourage others from trying to also use the mark
  • You can record the mark with the U.S. Customs and Border Protection, which may help stop importation of infringing or counterfeit goods into the U.S.
  • The right to use the ® symbol

If investing heavily in a marketing campaign with a slogan, a company might consider registering a slogan as well. Short catch phrases or sayings that are sold as part of merchandise (like shirts or hats) can also be registered. The same rules apply that are applicable to picking and registering a company name. Namely, the slogan should be inherently distinctive and creative or have developed a secondary meaning. In other words, really good pizza probably can be trademarked unless that saying has become so famous that most consumers associate it with a certain pizza brand.

The whole process will usually take anywhere from 5 to 10 minutes on the Trademark Counsels website. For a typical application, be prepared to provide at least the following:


  • The actual mark you want to use.
  • The full legal name and address of the owner of the mark.
  • A copy of the specimen which is an example that shows you are using the mark in commerce. This could be a picture of your product or a website advertising your service.
  • A category of the goods or services where you are using your mark from our drop down menu and a description of your goods or services.
  • The date you first used the mark in commerce and the date you first shared the mark anywhere.