# Trademarky

> Trademarky is a free AI-assisted trademark check followed by attorney-led U.S. trademark registration. A licensed U.S. trademark attorney based in Miami, Florida reviews every report on a free call and prepares and files every application. One price: a $450 attorney fee plus the $350 USPTO fee per class ($800 for one trademark in one class); a logo or a slogan joins the same order for $450 each ($100 attorney fee plus the $350 USPTO fee per class for each further application in the same order).

Trademarky, LLC · 78 SW 7th St, 5th FL, Miami, FL 33130 · (305) 562-6800 · hello@trademarky.io · Monday to Friday, 9am to 5pm ET.

## Pages

- [Check if your trademark is available. Free, in seconds.](https://trademarky.io/): Check if your trademark is available free, then file with a licensed trademark attorney: $800 for one mark, $450 to add your logo.
- [Search U.S. trademark records for your name, free](https://trademarky.io/free-trademark-search): Search U.S. trademark records for exact and similar marks in seconds, free, no account. See how the AI screening works and what it cannot tell you.
- [One price, and $450 for each mark you add](https://trademarky.io/pricing): One price: $800 for your name in one class, a $450 attorney fee plus the $350 USPTO fee. Add a logo or a slogan to the same order for $450 each.
- [From a quick check to a registered trademark](https://trademarky.io/how-it-works): From a free check to a filed USPTO application in five steps, then the path to registration at the USPTO, with what happens at each stage.
- [Book a free consultation with a trademark attorney](https://trademarky.io/book-consultation): Book a free 15-minute consultation with a licensed U.S. trademark attorney. A straight answer on whether to file, which marks, and which classes.
- [Attorney-led, from the free check to the filing receipt](https://trademarky.io/about): Founded by Brent A. Friedman, Founding Attorney. Attorney-led: an attorney reviews every report, takes every free call and files every application.
- [Trademark questions, answered plainly](https://trademarky.io/faq): Plain-English answers from a licensed trademark attorney on the free check, USPTO fees, timelines, classes, TM and R symbols, and office actions.
- [Helpful trademark resources](https://trademarky.io/resources): Plain-English trademark guides on cost, timing, classes, marks and naming, a glossary, tips before you file, the FAQ and an assistant for questions.
- [Trademark glossary](https://trademarky.io/glossary): Trademark terms in a sentence or two: the distinctiveness spectrum, classes, specimens, office actions, the registers, Sections 8, 9 and 15, TM and R.
- [Trademark answers in plain English](https://trademarky.io/ask): Ask the assistant a quick question about U.S. trademarks and get a plain-English answer, then read the guides or book the free call. Not legal advice.
- [Talk to us about your trademark](https://trademarky.io/contact): Call (305) 562-6800, email hello@trademarky.io, or send us a message. Trademarky, LLC, 78 SW 7th St, 5th FL, Miami, FL 33130, available by appointment.

## Guides

- [How much does a trademark cost?](https://trademarky.io/guides/how-much-does-a-trademark-cost): What a U.S. trademark costs: the $350 USPTO fee per class, attorney fees, the later filings that keep a registration alive, and what is refundable.
- [How long does a trademark take?](https://trademarky.io/guides/how-long-does-a-trademark-take): A realistic U.S. trademark timeline: the wait for the first USPTO review, the 30-day publication, when the certificate arrives, and what slows it down.
- [Do I need a trademark attorney?](https://trademarky.io/guides/do-i-need-a-trademark-attorney): When a U.S. trademark applicant must use an attorney, what an attorney changes, when filing yourself is reasonable, and how Trademarky's flat fee works.
- [Word mark vs logo vs icon mark](https://trademarky.io/guides/word-mark-vs-logo-vs-icon-mark): Word marks, logos and icon marks explained: what each protects, which to file first, why a brand set is several applications, and when to claim color.
- [Trademark classes explained](https://trademarky.io/guides/trademark-classes): The 45 Nice classes the USPTO uses, what each covers, how to pick yours, what extra classes cost, and the pairs small businesses file most.
- [How to name a brand you can trademark](https://trademarky.io/guides/how-to-name-a-brand-you-can-trademark): The distinctiveness spectrum in plain English, a naming checklist, how to screen a shortlist, the traps that get names refused, and domain checks.
- [Trademark office actions: what they are and how to respond](https://trademarky.io/guides/trademark-office-actions): What a USPTO office action is, the three-month response deadline, the most common refusals, how a response is prepared, and what happens if you miss it.
- [Intent to use vs use in commerce: choosing your filing basis](https://trademarky.io/guides/intent-to-use-vs-use-in-commerce): Section 1(a) vs 1(b): what use in commerce means, when to file before launch, the Notice of Allowance, and Statement of Use fees and extensions.
- [Trademark vs copyright vs patent: which protects what](https://trademarky.io/guides/trademark-vs-copyright-vs-patent): Trademarks, copyrights and patents compared: what each protects, which office grants it, how long it lasts, what it costs, and why an LLC is neither.
- [Trademark specimens: what the USPTO accepts and what it refuses](https://trademarky.io/guides/trademark-specimens): What a trademark specimen is, the difference between specimens for goods and services, examples the USPTO accepts and refuses, and how to prepare one.
- [Trademark maintenance and renewal: keeping your registration alive](https://trademarky.io/guides/trademark-maintenance-and-renewal): The Section 8, 9 and 15 filings that keep a U.S. trademark registration alive: when they are due, what the USPTO charges, grace periods and audits.
- [BIMI and your registered logo: putting your brand in the inbox](https://trademarky.io/guides/bimi-and-your-registered-logo): How BIMI shows your logo next to your emails, why most Verified Mark Certificates require a registered logo trademark, and the steps to set it up.
- [How to search for a trademark, and what a search misses](https://trademarky.io/guides/how-to-search-for-a-trademark): How to search USPTO trademark records yourself, how the USPTO compares marks, what a records search misses, and when to get an attorney's read.
- [TM versus ®: which symbol you may use, and when](https://trademarky.io/guides/tm-vs-r-symbol): TM, SM and ® explained: who may use each symbol, why ® is reserved for USPTO-registered marks, what misuse can cost, and where to place the symbol.
- [Likelihood of confusion, in plain English](https://trademarky.io/guides/likelihood-of-confusion-explained): How the USPTO decides two trademarks are confusingly similar: sound, appearance and meaning, related goods, and how to answer a Section 2(d) refusal.
- [What each USPTO trademark status means](https://trademarky.io/guides/trademark-status-explained): USPTO trademark statuses explained: pending, published for opposition, registered, abandoned, cancelled and expired, and what a dead mark means for you.
- [Does a small business need a trademark?](https://trademarky.io/guides/trademark-for-a-small-business): What federal registration adds to the rights a small business already has, when filing becomes urgent, what a trademark does not do, and what it costs.
- [Protecting a name outside the United States](https://trademarky.io/guides/international-trademark-basics): U.S. trademark rights stop at the border. How the Madrid Protocol extends a U.S. filing abroad, the six-month priority window, and when to think about it.
- [Registering a business name is not a trademark](https://trademarky.io/guides/business-name-vs-trademark): What an LLC name, a DBA, a domain and a social handle each protect, what none of them stops, and the order to do things in before you file.
- [Merely descriptive: the refusal that catches good names](https://trademarky.io/guides/merely-descriptive-refusals): What a Section 2(e)(1) merely descriptive refusal means, where suggestive ends, acquired distinctiveness in outline, and how the attorney answers it.
- [The Supplemental Register, explained](https://trademarky.io/guides/supplemental-register): What the Supplemental Register is for, what a registration there gives and does not, how a mark gets there, and how it moves to the Principal Register.
- [Trademarks for an online store](https://trademarky.io/guides/trademark-for-an-online-store): Which classes cover an online store's retail services and its own goods, why marketplace brand programs ask for a registration, and the specimen to use.
- [Trademarks for an app or software](https://trademarky.io/guides/trademark-for-an-app-or-software): Class 9 for downloadable software, Class 42 for software used online, describing an app, app store listings as specimens, and the name versus the icon.
- [Trademarks for a clothing brand](https://trademarky.io/guides/trademark-for-a-clothing-brand): Class 25 and its neighbors, the ornamental refusal that hits a name printed across a shirt, labels and hang tags as specimens, and logo versus word mark.
- [Trademarks for a restaurant, cafe or food brand](https://trademarky.io/guides/trademark-for-a-restaurant-or-food-brand): Class 43 for the restaurant, Classes 29 to 33 for packaged food and drink, signature dish names, place names, and menus, signage and labels as specimens.
- [Trademarks for a podcast, channel or creator brand](https://trademarky.io/guides/trademark-for-a-podcast-or-creator-brand): Class 41 for a show, the single-work refusal versus a series, the show name versus your own name, show pages as specimens, and merch in Class 25 later.
- [Someone is using my trademark: what you can do](https://trademarky.io/guides/someone-is-using-my-trademark): Real conflict or look-alike, what a registration changes, cease-and-desist letters, USPTO protests and oppositions, and when to call the attorney.
- [Can you trademark your own name? Personal names and surnames](https://trademarky.io/guides/can-you-trademark-your-own-name): The surname refusal under Section 2(e)(4), consent under Section 2(c), acquired distinctiveness under Section 2(f), and when a personal name works.
- [Are trademark fees refundable?](https://trademarky.io/guides/are-trademark-fees-refundable): Why USPTO fees stay paid after a refusal or withdrawal, the narrow cases the USPTO does refund, how to ask, and what an attorney fee guarantee covers.

## Glossary

- Abandonment: An application is abandoned when the applicant misses a USPTO deadline or withdraws it; a registered mark is abandoned when its owner stops using it with no intent to resume.
- Arbitrary mark: A real word used for goods or services it has nothing to do with, such as Hazel & Rye for a bookkeeping service.
- BIMI: Brand Indicators for Message Identification, a standard that shows a sender's logo beside its emails in supporting inboxes.
- Cease and desist letter: A letter from a trademark owner demanding that someone stop using a confusingly similar mark.
- Common-law rights: Trademark rights that come from actually using a mark in commerce, without any registration.
- Dead mark: A USPTO record for an application or registration that is no longer live: abandoned, cancelled or expired.
- Descriptive mark: A name that directly describes a feature, quality or purpose of the goods, such as Warm Winter Jackets.
- Design mark: A mark shown as an image rather than plain letters: a logo, stylized lettering, or a symbol on its own.
- Dilution: Harm to a famous mark from a use that blurs its distinctiveness or tarnishes it, even without any confusion and even in an unrelated market.
- Disclaimer: A statement in an application that you claim no exclusive right to a particular word or element apart from the mark as a whole.
- Drawing: The image of the mark in an application: either standard characters (the words in plain type) or a special form drawing (a clean image of the design).
- Examining attorney: The USPTO attorney assigned to review an application for conflicts with earlier marks, descriptiveness and formal requirements.
- Fanciful mark: An invented word with no prior meaning, such as Acmeflow.
- Filing basis: The legal ground for an application: use in commerce (Section 1(a)) when you are already selling under the mark, or intent to use (Section 1(b)) when you have a bona fide plan to.
- First use date: The date you first used the mark on the goods or for the services anywhere, and the date you first used it in commerce that the U.S. Congress can regulate, usually across state lines.
- Generic term: The common name for the product or service itself, such as coffee for coffee.
- Goods and services: What you use the mark for.
- Incontestability: A status a registration can reach after five years of continuous use, by filing a Section 15 declaration.
- Intent to use: A filing basis (Section 1(b)) for a mark you are not yet using but have a bona fide intent to use.
- Likelihood of confusion: The main test for whether two marks conflict: would ordinary customers be likely to think the goods or services come from the same source?
- Live mark: A USPTO record for a pending application or an active registration.
- Madrid Protocol: An international treaty that lets a U.S. applicant or registrant extend protection to many other countries through one filing made with the USPTO. Each country still examines the mark under its own law.
- Nice class: One of the 45 categories of goods and services in the Nice Classification, the international system the USPTO uses.
- Notice of allowance: The USPTO's letter saying an intent-to-use application has cleared examination and publication and will register once you show the mark in use.
- Office action: A letter from the examining attorney explaining a problem with an application, from a request to reword the goods to a refusal based on a similar earlier mark.
- Opposition: A proceeding before the Trademark Trial and Appeal Board in which someone who believes a published mark would harm them asks that it not be registered.
- Principal Register: The USPTO's main register, for distinctive marks.
- Priority date: The date from which your claim to a mark is measured.
- Publication: After the examining attorney approves an application, the mark is published in the USPTO's Official Gazette for 30 days so that others can oppose it.
- Registration number: The number the USPTO assigns when a mark registers, distinct from the serial number of the application.
- Section 15 declaration: An optional sworn statement that a mark has been in continuous use for five years since registration.
- Section 8 declaration: A sworn statement, with a specimen, that a registered mark is still in use, filed between the fifth and sixth year after registration and again with every ten-year renewal.
- Section 9 renewal: The application to renew a registration for another ten years, filed in the year before each ten-year anniversary together with a Section 8 declaration.
- Serial number: The number the USPTO assigns to an application when it is filed.
- Service mark: A trademark for services rather than goods: the name of a cafe, a consultancy or a software service.
- Specimen: Proof that the mark is in real use as filed: a label, tag or package for goods, or a web page, advertisement or sign for services.
- Standard characters: A drawing of the mark typed in plain letters with no claim to any font, size, color or design.
- Statement of Use: The filing that turns an intent-to-use application into a registration: a sworn statement that the mark is now in use, with a specimen and a USPTO fee per class.
- Suggestive mark: A name that hints at the goods but needs a little imagination to connect, such as Loopwell for habit-tracking software.
- Supplemental Register: The USPTO's second register, for marks that can distinguish goods but are not yet distinctive, such as descriptive terms and surnames.
- TEAS: The Trademark Electronic Application System, the USPTO's online filing system.
- TM, SM and ®: TM (goods) and SM (services) mark an unregistered claim of rights and may be used by anyone at any time.
- Trademark: A word, name, symbol, design or combination that identifies the source of goods and distinguishes them from others.
- TTAB: The Trademark Trial and Appeal Board, the USPTO tribunal that hears oppositions, cancellation proceedings and appeals from an examining attorney's final refusal.
- Use in commerce: Actual use of the mark in the ordinary course of trade, in commerce that the U.S. Congress can regulate: goods sold or shipped with the mark on them or their packaging, services rendered and advertised under it.
- VMC: A Verified Mark Certificate, the digital certificate that proves you own the logo shown through BIMI. Issuers generally require a registered trademark for the exact logo image.
- Word mark: A mark consisting of words, letters or numbers, usually filed in standard characters so that it is protected in every font and color.

## Pricing

- Attorney fee: $450 for the first application in an order and $100 for each further one (search, consultation, application, non-technical office action responses), whatever the class count.
- USPTO filing fee: $350 per class, passed through at cost and not refundable once filed.
- One application: $800 (one application in one class; attorney fee $450, USPTO fee $350). Your name, in the class you confirmed; a logo or a slogan can join the same order.
- Add a logo or a slogan: $450 each, in the same order ($100 attorney fee plus the $350 USPTO fee per class for each further application in the same order). Each joins the name's order as its own USPTO application, in the same class.
- Each extra class adds the USPTO fee.

## Optional

- [Full site text: guides, FAQ, pricing, how it works, the firm, the glossary](https://trademarky.io/llms-full.txt)
- [Terms of service](https://trademarky.io/terms): Trademarky Terms of Service: attorney-led trademark registration, the attorney fees and refund terms, payment terms, and your rights as a client.
- [Privacy policy](https://trademarky.io/privacy): Trademarky Privacy Policy: how we collect, use and protect your information, including attorney-client confidentiality and secure payment processing.
- [Reviews on Trustpilot](https://www.trustpilot.com/review/trademarky.io)
- [Brent A. Friedman, Founding Attorney on LinkedIn](https://www.linkedin.com/in/brent-a-friedman-70515011/)
- This free check is an AI-assisted preliminary screening against known U.S. trademark records. It is not a comprehensive clearance search and not legal advice. Only a licensed attorney can advise you on whether to file.