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Trademark Law

Trademark &
Brand Protection

Federal trademark registration, clearance searches, and brand protection counsel — structured around your business goals, not billable hours.

Overview

Your Brand Is an Asset. Protect It.

A trademark is more than a logo or a name — it is the legal foundation of your brand identity. Federal registration with the United States Patent and Trademark Office (USPTO) gives you nationwide priority, the right to use the ® symbol, and a powerful tool for stopping infringers. Without it, your rights are limited to the geographic area where you actually use the mark.

The Law Office of Carl G. Hawkins, PLLC handles trademark matters for entrepreneurs, athletes, influencers, and established businesses. The firm's approach begins with a thorough clearance analysis — before you invest in a brand, you need to know whether someone else already owns it. From there, the firm prepares a trademark memorandum summarizing the legal landscape, then files the USPTO application if you elect to move forward.

Trademark prosecution is not a commodity service. The identification of goods and services, the class selection, and the specimen of use all affect whether your application succeeds. The firm handles each filing with the attention it deserves.

Why Register Federally

  • Nationwide priority from your filing date
  • Right to use the ® symbol
  • Presumption of ownership in court
  • Basis for blocking infringing imports at U.S. Customs
  • Foundation for international registration
  • Stronger leverage in cease-and-desist disputes

Ready to Protect Your Brand?

Book Consultation — $150

30-minute session · Full refund >24 hrs · $50 forfeited <24 hrs · Full forfeit no-show

Fee Structure

A Clear, Two-Phase Process

Trademark work begins with analysis, not paperwork. The firm structures its trademark services in two distinct phases so you can make an informed decision before committing to a federal filing.

1

Phase One

Trademark Memorandum

$750

* The $150 consultation fee is not credited toward the memorandum. It is credited only if you elect to proceed with a USPTO application (Phase Two).

Before filing anything, the firm conducts a comprehensive clearance search of the USPTO database, state trademark registries, and common-law sources. The results are compiled into a written trademark memorandum that summarizes the availability of your proposed mark, identifies potential conflicts, and provides a candid legal assessment of your registration prospects.

  • USPTO TESS database search
  • State trademark registry review
  • Common-law use analysis
  • Written legal memorandum
  • Risk assessment and recommendation
2

Phase Two — Optional

USPTO Application

$1,500

+ USPTO filing fees (per class)

If the memorandum supports moving forward, the firm prepares and files a TEAS Plus application with the USPTO on your behalf. This includes drafting the identification of goods and services, selecting the appropriate international class(es), preparing the specimen of use, and managing correspondence with the USPTO examining attorney through initial examination.

  • TEAS Plus application preparation
  • Identification of goods & services drafting
  • International class selection
  • Specimen of use preparation
  • USPTO examiner correspondence (initial examination)

USPTO filing fees are paid directly to the USPTO and are not included in the firm's fee. Current TEAS Plus filing fee is $250 per class. Phase Two is available only after completion of Phase One.

Your $150 consultation fee is credited toward the Phase Two flat fee when you elect to file a USPTO application.

Office actions issued after filing are handled at a flat fee of $750 per response, billed separately. Complex office actions (likelihood of confusion refusals, descriptiveness refusals requiring evidence of acquired distinctiveness) may require a separate engagement letter.

Services

What the Firm Handles

Trademark Clearance Search

A thorough search of the USPTO database, state registries, and common-law sources to assess the availability of your proposed mark before you invest in branding, marketing, or a federal filing.

Included in Phase One — $750

Federal Trademark Registration

Preparation and filing of a TEAS Plus application with the USPTO, including identification of goods and services, class selection, specimen preparation, and management of initial USPTO examiner correspondence.

Phase Two — $1,500 (−$150 consultation credit)

Office Action Responses

Routine office actions (procedural/technical refusals) are handled at $750 per response. Complex office actions requiring evidentiary submissions, declarations, or acquired distinctiveness arguments are $1,500–$2,500. Upon receipt, the Firm sends a written notification identifying the refusal type and fee tier before any work begins.

Routine: $750 · Complex: $1,500–$2,500

Statement of Use & Extensions

For intent-to-use applications, a Statement of Use must be filed when the mark enters commerce. Extensions of time are available in six-month increments. The Firm manages the filing and advises on deadlines to prevent abandonment.

$375 per filing + USPTO fees

Trademark Renewals

Every registered mark requires a Section 8 Declaration of Use between years 5–6, and a Section 9 Renewal every 10 years. The Firm tracks your renewal deadlines and manages the filings to keep your registration active.

$500 per renewal + USPTO fees

TTAB Opposition & Cancellation

When a third-party application threatens your mark, the Firm can file a Notice of Opposition with the Trademark Trial and Appeal Board. Cancellation proceedings are also available against existing registrations that conflict with your rights.

$2,500 initial filing + $372/hr thereafter

Trademark Licensing

Drafting and review of trademark license agreements, including quality control provisions, royalty structures, and termination rights — ensuring your brand standards are maintained by any licensee.

Hourly — $372/hr

Cease-and-Desist & Enforcement

Preparation of cease-and-desist correspondence for trademark infringement and cybersquatting, and counsel on enforcement strategy when you identify third-party misuse of your mark.

Hourly — $372/hr

International Trademark Guidance

Advice on extending U.S. trademark rights internationally through the Madrid Protocol and direct national filings, with referrals to qualified foreign counsel where needed.

Hourly — $372/hr

Key Considerations

What Every Trademark Client Should Know

Distinctiveness Determines Registrability

The USPTO will not register generic or merely descriptive marks. Fanciful, arbitrary, and suggestive marks receive the strongest protection. Before investing in a brand name, understand where it falls on the spectrum.

Use in Commerce Is Required

A federal trademark registration requires actual use of the mark in interstate commerce. If you have not yet launched, an intent-to-use application preserves your priority date while you prepare — but you must file a statement of use within the allowed period.

Registration Is Not Automatic

The USPTO examining attorney reviews every application and may issue office actions requiring a response. Failure to respond within the deadline results in abandonment. The firm manages initial examination correspondence. Office actions issued after the initial examination period are handled at a flat fee of $750 per response, billed separately under a new engagement.

Office Actions Are Billed Separately

The Phase Two flat fee covers preparation, filing, and initial USPTO examiner correspondence. If the USPTO issues an office action — such as a likelihood of confusion refusal, a descriptiveness refusal, or a requirement for additional information — responding to it is a separate engagement billed at $750 per response. Complex office actions requiring evidentiary submissions or declarations may require a separate engagement letter and additional fees.

USPTO Filing Fees Are Separate

The firm's flat fee covers legal services only. USPTO filing fees ($250 per class for TEAS Plus) are paid directly to the USPTO and are the client's responsibility. The firm will advise on the number of classes needed before filing.

The Process at a Glance

01

Initial Consultation

Discuss your brand, your business, and your trademark goals. The firm will assess whether federal registration is the right strategy.

02

Clearance Search & Memorandum

The firm conducts a comprehensive search and delivers a written memorandum with a clear legal assessment and recommendation.

03

Decision Point

You decide whether to proceed with a USPTO application based on the memorandum. There is no obligation to file.

04

Application Filing

If you elect to proceed, the firm prepares and files your TEAS Plus application and manages initial USPTO correspondence.

05

Registration

Upon approval, your mark is published for opposition. If no opposition is filed, the USPTO issues your Certificate of Registration.

Get Started

Ready to Protect Your Brand?

The trademark process begins with a consultation. The firm will assess your mark, explain the clearance process, and give you a candid view of your registration prospects before you spend a dollar on filing fees.

Engage the Firm

Start Your Trademark Engagement

Complete the form below, read and sign the engagement agreement, then book your consultation. Phase One begins after the consultation.

The word mark or phrase you want to register. You can leave this blank if you haven't decided yet.