• Can I apply to register my trademark through Trademark Brilliance?

  Yes. Our filing service starts at $35, plus federal filing fees. We handle your application from start to finish, so you can stay focused on running your business. Get started today.

• How long does it take to process a trademark registration through Trademark Brilliance?

  Once you submit your application, our legal team reviews the case and checks availability for your mark. If we need any additional information, we'll reach out by phone or email. Applications are typically ready to file within 1–2 business days, though this can take longer if we're waiting on client responses or further clarification.

• How much does it cost to register my trademark?

  Registering a trademark typically involves two costs: legal preparation and the federal filing fee. At Trademark Brilliance, legal preparation starts at $35, with a federal filing fee of $450 per classification. If the USPTO or a third party raises a legal challenge during examination — for example, due to a potentially conflicting mark — responding may require an Office Action Response. If you'd like an attorney to draft that response, the cost ranges from $999 to $1,999, depending on complexity.

• I found a trademark similar to mine. Can I still register it?

  Usually not — but there are exceptions. If the other mark is used for different products or services, registration may still be possible, since there's less risk of confusing customers.

• Do I need to register my business name and logo separately?

  Yes. The USPTO allows only one trademark per application — meaning a single filing can cover a name, a logo, or a slogan, but not all three independently. A logo application can include text, but in that case, the design and text together are treated as one combined mark. To protect each element separately, you'll need to file separate applications.

• Can I trademark my business name before I open my business?

  You can begin the registration process early, but the USPTO won't finalize your registration until you can show proof that the mark is actually being used in commerce. Some business owners wait until their business is running before registering, while others start the process early to secure protection before investing further time and money.

• What are trademark classes?

  Trademark classes are categories your application falls under, based on the type of goods or services you offer. The USPTO divides all goods and services into 45 classes — 34 for goods and 11 for services. Selecting the correct class is one of the most important parts of your application. Listing the wrong goods or services can prevent your mark from being registered, and filing fees are non-refundable in that case. Your chosen class must align with the goods and services described in your application to receive full protection.

Trademark Search

• What's the difference between a basic and a comprehensive search?

  A basic search looks for exact matches in the federal database — cases where someone has already registered the same mark. A comprehensive search goes further, reviewing marks that are exact or similar to yours, including ones that aren't formally registered.

• Is a search of federal and state databases enough to catch a possible conflict?

  Not entirely. Trademark owners without a federal or state registration can still hold rights simply by being the first to use a mark in commerce — known as common law rights. These owners can take action against you even without formal registration, but common law marks are harder to detect through standard searches. That's why we recommend a comprehensive search that also covers corporate names, internet listings, and social media — included in our International and Federal, State & Common Law search packages.

• How do I know if my anticipated trademark is available?

  You can check for exact matches using the USPTO's TESS database. This will surface identical marks already on file — but it won't catch similar names or marks in related categories that could still block your application. A more comprehensive search is always the safer step before filing.

Trademark Monitoring

• What is trademark monitoring?

  Trademark owners are responsible for enforcing their own rights — which means knowing when someone else is using a mark similar to yours. Trademark monitoring is a service that alerts you when that happens.

• Why do I need to monitor my trademark?

  The USPTO screens for conflicts at the point of registration, but that alone doesn't protect you going forward. Monitoring keeps you informed of new marks that resemble yours, so you can respond quickly and prevent others from benefiting from the brand you've built.

• What does the USPTO consider a trademark conflict?

  A conflict occurs when one trademark is likely to be confused with another that's already registered — typically when the marks are similar and used for related goods or services. Even marks that sound alike can raise concerns if they risk misleading customers. That said, similar marks can sometimes coexist if they're used for unrelated products, where confusion is unlikely.

• When can another party use my trademark?

  Owning a trademark gives you exclusive rights, but that doesn't rule out all other use. In some cases, someone may use a similar mark for a non-infringing purpose or within agreed terms, provided they use no more of it than necessary. Trademark law applies specifically to commercial use.

Office Action Response

• What is an Office action?

  An Office action is an official notice from the USPTO, issued when an examining attorney finds an error or legal issue with your application. It explains why the application is being rejected and outlines what's required for reconsideration.

• How do I know if my application received an Office action?

  The USPTO updates your application status and notifies the listed contact by email. If an attorney is managing your application, they'll notify you directly. If you filed on your own, you'll need to monitor your status yourself — or let us track it for you.

• What's the difference between a non-final and a final Office action?

  The first issue found by an examining attorney results in a non-final Office action. If your response doesn't resolve everything raised, you'll receive a final Office action. At that point, you can either meet the outstanding requirements or file an appeal with the Trademark Trial and Appeal Board.

• What happens if I don't respond to an Office action?

  Your application will be considered abandoned by the USPTO.

Copyright Registration

• What is copyright?

  Copyright is legal protection for original work, fixed in a tangible form. It applies to both published and unpublished work.

• What does copyright protect?

  Copyright protects original creative work — including literary, dramatic, musical, and artistic pieces, such as books, films, songs, software, and architectural designs. It doesn't cover facts, ideas, or systems, only the specific way they're expressed.

• How do I copyright a name, title, slogan, or logo?

  Copyright doesn't apply to names, titles, slogans, or short phrases. These may instead qualify for trademark protection.

• Can I copyright my website?

  Yes — original content, code, and design on your site can be copyrighted. You'll submit a printed version of your site, and protection applies to that specific version. Since websites change often, later versions may need their own registration, covering only what's new or revised.

• Can I copyright my domain name?

  No. Domain names fall outside copyright law. They're managed instead by ICANN (Internet Corporation for Assigned Names and Numbers), which oversees registration through accredited providers.

• Does my work have to be published to be protected?

  No — publication isn't required for copyright protection.

• Can I copyright the name of my band?

  No. Band names, like other names, aren't covered under copyright law.

LLC Formation

• How long does it take to form an LLC?

  Most LLCs are formed within 7 to 10 days, though timing varies by state. If you're on a deadline, expedited processing is available for an additional fee.

• What's involved in forming an LLC?

  Every state requires a set of formation documents — usually called Articles of Organization — to officially establish your business. We handle this process for you, so your time goes toward building your business, not filing paperwork. Let our experience make sure it's done correctly from the start.

• Do I need to be a US citizen or have an SSN to start a business?

  No. US citizenship and an SSN aren't required to form a business here. Non-citizens can use an Individual Taxpayer Identification Number (ITIN) or another valid ID for tax purposes, where applicable. We'll also help you stay compliant, open a US business bank account, and secure a US mailing address.

• What's the best state to form an LLC if I'm not a US citizen?

  Any state can work, but Wyoming and Delaware are the most common. Wyoming is popular with non-US residents — especially those running online or e-commerce businesses — thanks to low fees and strong privacy protections. Delaware offers similar advantages and, despite higher fees, is often preferred by investors and venture capitalists, making it worth considering if you're planning to raise outside funding.

• Can I speed up my LLC filing?

  Yes. Just ask one of our representatives to expedite the process for a small additional fee.

• Do you offer hands-on support?

  Yes. We believe in guiding clients through the process, not just filing on their behalf. If you need help at any point, reach out by phone, email, or live chat.