IP Protection for Physical Products: What to File First
Patents, trademarks, trade secrets, copyright, trade dress—physical products can need all of them. Here’s what each covers and the order that actually makes sense.
September 1, 2026
We can help you avoid trademark problems or fix them if you already have any.
We understand how valuable a good trademark is and how costly it can be if it’s not well-protected.
You shouldn’t have to worry about your trademarks when you’re with family, on vacation, or focused on other parts of your business.
Here’s how we help:
- Focus on Trademarks: We handle trademarks as part of our core practice, unlike other firms that handle them occasionally. That means we have the experience you need.
- Advice on Branding: We can assess whether your brand is unique to you and protectable or is leaving you open to accusations of infringement. We can advise you about rebranding if necessary.
- Strategy: We work with you to create a tailored strategy to maximize the value of your investment in protecting your trademarks.
- Support from Start to Finish: We assist with choosing a trademark, applying for trademark registration, using your trademark correctly to keep your rights, keeping an eye out for infringement, filing maintenance and renewal documents, licensing, and more.
- Respect: We believe small businesses deserve the same level of trademark planning and service that large businesses get from big law firms. That’s why we’re here.
We look forward to working with your small business to protect and manage your trademarks!
Trademark Application Services
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Quick search
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Comprehensive search and analysis
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State applications
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Federal applications
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Office Action responses
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Appeals
Other Trademark Services
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Oppositions
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Cancellations
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Maintenance and renewal filings
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Review of use
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Monitoring
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Licensing
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Enforcement
Learn more about applying for trademark registration and other important trademark topics through our free quick sheets and booklets:
Fees
We work using flat rates. You will know up front what the total cost will be for the services most appropriate for you, barring unforeseen circumstances.
Common fees for search, application/registration are listed below. Additional attorney fees, USPTO filing fees, and international filing fees may apply to these listed fees. The fees listed here are starting points. Fees ultimately depend on the complexity of the work required.
A “class” of goods/services is a grouping of similar goods/services by the USPTO. Goods/services fall into one of 45 classes. If you offer a variety of goods/services, you may need to file in more than one class.
Our Cornerstone service for application for federal registration for one mark in one class of goods/services starts at $2,950 plus USPTO filing fees, and includes:
- Assessment and Strategy
- Comprehensive Search to Discover Potential Problems
- Development and Filing of the Application
- Monitoring for Potentially Infringing New Applications by Others During Pendency of Your Application
Does not include $350 USPTO filing fee.
Please see our downloadable fee schedules for a detailed breakdown of costs and what’s included, as well as other service options.
While we strongly encourage the comprehensive search, we do not require it.
Trademark FAQs
Trademark search FAQs
Why isn't a DIY trademark search enough?
Trademark infringement FAQs
Is intent required for trademark infringment?
4 ways to avoid trademark infringement
Why are trademark owners so aggressive about infringement?
Name vs logo trademarks FAQs
Why you should register your business or brand name as a trademark separately from your logo
What trademark protection do you get with a logo that is just your business name in stylized text?
Key differences between logo, stylized text, and plain text trademarks
What ARE you protecting with a logo trademark registration?
What are you NOT protecting with just a logo trademark registration?
Trademark timing FAQs
What are important trademark dates to remember?
Does it matter WHEN you submit a trademark application?
How long do trademark rights last?
How Long Do Trademark Rights Last?
Trademarks can last indefinitely—if you maintain them properly.
Here’s the breakdown:
Common-Law Trademarks (Unregistered)
- Rights begin as soon as you use the mark in commerce.
- Protection is limited to the geographic areas where you use the mark.
- You don’t get the benefits of federal registration.
Registered Trademarks (USPTO/Federal)
- Initial Registration: A federally registered trademark lasts for 10 years, but it’s not automatic—you must renew it.
- First Maintenance Deadline: Between years 5 and 6, you must file a Declaration of Use (Section 8) to confirm you’re still using the mark. You must show examples of the mark still being in use.
- Renewal Every 10 Years: After 10 years, you must renew (Sections 8 & 9) to keep your registration active. With each renewal, you must show examples of the mark still being in use.
- As long as you continue using and renewing it, a trademark never expires—it can last forever!
What can and can't you register as a trademark FAQs
Can you register a trademark created with AI?
Can you register a trademark created with Canva or another online logo maker?
Can you get a trademark registration for a name that is generic, descriptive, or a last name?
Why are generic and descriptive names a problem for trademarks?
Does your business name suck? Why a generic or descriptive name can't be a trademark
Why can last names be trademark trouble?
Trademark ownership FAQs
Should you own the trademark rights or should your business own them?
How do you transfer trademark ownership?
How do you find out if your name or logo is ok FAQs
How do you clear and protect your business name?
How do you find out if your name, logo, or other trademark are sufficiently distinct?
What are the best practices for comprehensive brand protection though trademark registration?
How do you choose a strong, protectable business name?
Why isn't registering your LLC enough to protect your business name?
What happens if you get your trademark wrong?
The cheap online trademark service trap
Trademark vs. copyright
Learn More
We can file your federal and/or state (IL and GA) applications.
We also help with responses to refusals (Office Action) and appeals of final rejections.
We perform searches and analyze the results to spot issues that may prevent or cause other problems for registration and advise you about your options to address them.
We review how you use your mark after registration to ensure your use helps retain your full rights and makes renewal easy (you have to show proper use at renewal).
Yearly, quarterly, monthly, and weekly service is available.
We perform and analyze monthly searches of new federal registration filings to see whether anyone is attempting to register a mark that is possibly infringing on yours.
To see whether there may be other infringing use of marks, searches of social media, domains, and internet use are also available.
We assist with filing maintenance and renewal paperwork for both federal and state (IL and GA) registrations.
This includes assistance with gathering specimens to show ongoing proper use of the mark.
We draft and review licensing agreements to permit others to use your marks or to allow you to use others’ marks
We also draft and file assignments and transfers of rights to others, for single marks, a portfolio of marks, or as part of the purchase or sale of a business
We can send and help you respond to cease-and-desist letters.
We can also assist you with cancellations, oppositions, etc.
We do not handle any litigation in court outside of USPTO procedures but can refer you to attorneys who focus on litigation if necessary.
Not Ready to Hire An Attorney Yet? Start Here:
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