Frequently Asked Questions

  • While the USPTO Trademark Search is free, it can be more complex than it appears. The system primarily identifies exact matches and does not account for similar-sounding names or homophones.

    For example, if you wanted to trademark the name “Koka-Kola” for your new soft drink, a search in the USPTO database wouldn’t flag “Coca-Cola” as a conflict. You wouldn’t realize the issue until your application was denied. Even if the USPTO overlooked it, Coca-Cola certainly wouldn’t—and they would take legal action to have your trademark revoked.

    At Lindner Legal, we use advanced search technology that scans the USPTO database for similar sounding trademarks, significantly reducing the risk of missing a conflicting mark.

    Also, trademark infringement is not always black and white. It’s not just about whether two names sound alike—it also depends on factors such as industry similarity, potential consumer confusion, and other legal considerations. With my expertise in trademark law, I can assess the risks associated with existing trademarks and help you make informed decisions.

    This is why the USPTO itself recommends working with an attorney for trademark clearance searches—to ensure your application stands the best chance of success.

  • You can certainly complete the USPTO trademark application on your own, and at first glance, the website may seem straightforward. However, while handling the process yourself might save money upfront, even a small mistake can lead to a denial, potentially delaying your application by 8–12 months as you start over. Many of these pitfalls aren’t obvious, as the USPTO requires precise legal language in specific sections. Ensuring your application is completed correctly the first time can save you both time and frustration.

  • After our initial consultation, Linder Legal will file your trademark application to the USPTO within seven days. 

    Once the trademark is filed, the USPTO will take between 8-12 months to fully process and approve of the patent.

    We will keep you appraised regularly of your trademark’s progress.

  • In the United States, trademark rights generally belong to whoever uses the mark first. However, registering your trademark provides significant legal advantages and strengthens your position if someone tries to infringe on it in the future.

    One key benefit of registration is expanded territorial protection. Without registration, your trademark rights are limited to the areas where you actively do business. A federally registered trademark, however, grants nationwide protection, securing your brand across all U.S. states and territories.

    More importantly, in a legal dispute over trademark rights, the party that filed for registration first holds the presumption of first use. This means that if you’ve registered your trademark with the USPTO, anyone challenging your rights must prove they were using the mark before you. This puts you on the legal “high ground” position, giving you a significant edge in litigation and pre-trial negotiations.

    Trademark registration is also crucial for protecting your brand from foreign counterfeit goods. Once registered, you can file with U.S. Customs and Border Protection, which will monitor and prevent counterfeit products from entering the American market.

    Additionally, a registered trademark is essential for enrolling in Amazon’s Brand Registry. If you sell on Amazon, this program provides powerful tools to protect your brand and enhance visibility. It includes advanced anti-counterfeit measures, such as machine-learning detection, and valuable promotional features like “Sponsored Brands,” which boosts your product’s placement in search results.

  • Once your trademark is registered, it is yours forever. You will need to renew the trademark once after the first five years, and then every ten years after that. But so long as you keep renewing the trademark, it is yours perpetually. 

    There are exceptions to this. If you do not enforce your trademark vigorously, the USPTO may stop recognizing it. That is why it is so important to monitor your trademark to make sure nobody is stealing it.