Practical information for what you’re building next.
Clear, credible information to help you understand trademarks, protect your brand and make confident decisions for your business.
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Before You Fall in Love With That Business Name
You’ve found the perfect name. Before you buy the domain, order the packaging and tell the world, there are a few things worth checking.
Read the Article
Pick a starting point
Whether you’re just getting started or already somewhere in the USPTO process, these will help you decide what to do next.
Start Here
New to trademarks? Build a clear foundation before you choose a name, logo or tagline.
Explore resourcesBefore You File
Know what to check before investing in an application or putting your name on packaging.
Explore resourcesThe Trademark Process
From application to registration and beyond: what actually happens once you file.
Explore resourcesEverything, in one place
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I Registered My Business Name With the State. Do I Still Need a Trademark?
Your state accepted your LLC name. That does not mean the name is clear to use as a brand, or that it is protected as a trademark. Here is the difference.
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Can I Stop Someone From Using My Business Name?
Another business is using your name. Can you make it stop? The answer may depend on whether you have a federal trademark registration, common-law trademark rights, or enforceable trademark rights in the name at all.
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Why Pay a Trademark Attorney When an Online Trademark Company Can File the Application?
An online company can file the form for less. The real question is what you are paying someone to do — and what happens before and after the application is submitted.
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Name or logo first? How to decide what to trademark
Your name and your logo may both matter. Understand the protection each offers and the factors that can help you decide which to register first.
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What an Office Action Actually Is
Received a USPTO Office Action? Learn what it means, common reasons for refusals, response deadlines, and when to seek help.
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What a Trademark Search Actually Tells You
A comprehensive trademark search goes beyond identical names and the USPTO database. Learn what the results—and the legal analysis—can tell you.
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Before You Fall in Love With That Business Name
An available business name does not necessarily mean you have the legal right to use it. Understand trademark conflicts before investing in your brand.
Articles are general information about trademark law, not legal advice, and reading one does not create an attorney-client relationship.
Is Your Business Name Worth Building On?
The Business Owner’s Trademark Starter Kit: The Beginner’s Guide to Understanding and Protecting Your Brand
Before you invest more in your website, marketing, packaging, or brand, take a closer look at the name behind it. Understand trademark basics, recognize potential risks, and complete a five-question Brand-Ready Checkup.
For new and established business owners.
Get the Free Starter KitOne email a month, and it’s actually useful.
Practical information about trademarks and brand protection that you can actually use. No jargon, no scare tactics, and nothing that requires a law degree to understand.
Plain answers to the questions I hear most
That’s what I’m here for. A few of the questions I get asked most often.
General Trademark Questions
What is a trademark?
A trademark is a word, phrase, symbol, design, or combination of these that identifies your products or services and distinguishes them from those offered by others. Your business name, logo, or slogan may qualify as a trademark.
Do I need to register my trademark?
Not necessarily. You may have certain trademark rights simply by using your mark in business. However, federal registration with the United States Patent and Trademark Office (USPTO) offers additional legal protections and benefits that can make it easier to protect your brand.
Does registering my business name with the state protect it as a trademark?
No. Registering your business name with your state doesn’t automatically give you trademark rights. State business registration and federal trademark registration serve different purposes.
Should I trademark my business name or my logo first?
That depends on your business and how you use your brand. For many businesses, protecting the name itself is a good starting point because a word mark generally offers protection regardless of the particular font or design used. However, there are situations where registering a logo first may make more sense.
Do I need to be using my trademark before I apply?
No. You can apply for federal trademark registration before you begin using your mark if you have a genuine intention to use it in commerce. This is called an intent-to-use application. However, you’ll generally need to demonstrate actual use before your trademark can be registered.
How long does the trademark registration process take?
As a general estimate, most applications take roughly a year or more from filing to registration. USPTO timelines vary by application, and legal or procedural issues can add time. Every timeframe is an estimate, not a guarantee.
Working With Dinah Rainey Law
What trademark services do you offer?
I help business owners and entrepreneurs protect their brands through federal trademark registration. My services include trademark searches, legal opinions, application preparation and filing, responses to USPTO Office Actions, and certain post-registration matters. Whether you’re just getting started or need assistance with an existing application, I can help you understand your options.
Do you work with clients outside Georgia?
Absolutely! My trademark practice is virtual, and I represent clients throughout the United States in federal trademark matters before the United States Patent and Trademark Office (USPTO).
How much do your trademark services cost?
I offer both comprehensive flat-fee packages and pay-as-you-go services, depending on your needs. My goal is to make pricing straightforward and transparent so you know what to expect before we begin working together. You can find information about my services and pricing on my Trademark Services page.
What happens during my free consultation?
Your free consultation is an opportunity for us to get acquainted. I’d love to hear a little about your business and what brings you to me. I’ll explain how I work, the services I offer, and what you can expect if you decide to work with me. You’ll also have an opportunity to ask questions about my services, process, and fees.
Can I file a trademark application myself, or do I need an attorney?
If you’re domiciled in the United States, you generally can file your own federal trademark application. Applicants domiciled outside the United States must be represented by a U.S.-licensed attorney. Although hiring an attorney isn’t required for most U.S.-domiciled applicants, trademark registration can be more complicated than it initially appears. A trademark attorney can help you evaluate potential problems, prepare your application, and navigate the registration process.
You’ve worked hard to build your brand.
Let’s talk about protecting it.
Schedule a free consultation to tell me a little about your business and what you’re looking to protect. I’ll explain how I work with clients, the trademark services I offer, and how I may be able to help. It’s also an opportunity for us to get to know each other and see if we’re a good fit.