What is included in a trademark clearance search?

We review federal USPTO records, state registers, and common-law sources for identical and confusingly similar marks — including phonetic equivalents and related goods and services — then give you a written opinion on the risk of filing and of using the mark at all.

What happens if the USPTO refuses my application?

The examining attorney issues an office action explaining the refusal. You normally have three months to respond, extendable once. We draft the legal response, amend the application where that helps, and argue against the refusal where it does not.

Can you stop someone from using my trademark?

Usually yes, and usually without a lawsuit. A cease-and-desist letter backed by a federal registration resolves most disputes. If it does not, we handle USPTO opposition and cancellation proceedings, UDRP domain disputes, and federal infringement actions.

Do I need to file in more than one class?

Only if you sell goods or services that fall into more than one USPTO international class. Each class carries its own government fee, so we help you cover what your business actually does today plus what you can realistically claim, rather than paying for classes you will never use.

Services

Trademark counsel built for your strategies, wants, and timelines.

We help founders, growing companies, and established brands register, enforce, and defend their trademarks in the U.S. and Canada. What we do depends on what you need and when you need it. If you engage us, you get a written retainer and invoice to review and approve before any work starts.

TM OR ®

Federal registration is the best and only way to protect your mark across the whole United States.

Common law rights — the ones you show with a TM or SM symbol — are weaker than a registered mark. They only cover the area where you actually trade, they are harder to enforce, and they leave no public record. Federal registration, shown by ®, changes all four of those things.

Exclusive rights to the mark across the entire country.
A legal presumption that you own the mark.
A public USPTO record that warns others off similar marks.
The right to sue in federal court and to record the mark with customs.
Cease-and-desist letters that carry real weight.
Statutory damages and attorney fees available against infringers.

Silver-and-gold laptop displaying a browser window with a large chrome-and-gold magnifying glass over the words “NAME NOT FOUND” and a small 404 — representing the unreliability of a casual internet search for trademark clearance. — Internet search — Risky investment
A quick web search tells you almost nothing about whether a name is free to use. Real protection starts with a proper USPTO clearance search, then federal registration when the path is clear.
TM — Common-law protection
Earned by using a mark in commerce. It only covers the area where you actually do business, and it is harder to enforce against later users elsewhere.
® — Federally registered
Nationwide rights, statutory damages, federal-court jurisdiction, and a public record that puts the rest of the market on notice.

Open gold padlock with a chrome TM symbol in front, representing unregistered common-law trademark rights. — Internet search — Risky investment
A quick web search tells you almost nothing about whether a name is free to use. Real protection starts with a proper USPTO clearance search, then federal registration when the path is clear.
TM — Common-law protection
Earned by using a mark in commerce. It only covers the area where you actually do business, and it is harder to enforce against later users elsewhere.
® — Federally registered
Nationwide rights, statutory damages, federal-court jurisdiction, and a public record that puts the rest of the market on notice.

What to expect

The process, start to finish.

Most use-based applications register in 12–16 months once the USPTO accepts them. An intent-to-use application takes anywhere from 12 months to 3 years, depending on when you start using the mark. Here is what the journey looks like with us alongside you.

Step 01 Week 1
Free consultation
We learn about your brand, your goods and services, and your goals. You get an honest assessment of where you stand and a clear path forward.
Step 02 Weeks 1–2
Comprehensive search & clearance
We search USPTO records, state registries, and common-law sources for conflicts. You receive a go / no-go recommendation before a dollar is spent on filing.
Step 03 Weeks 2–3
Application filing
We draft and file your application with the USPTO — choosing the right basis (use vs. intent-to-use), identification of goods, and international classes to maximize coverage.
Step 04 Months 4–8
USPTO examination
A USPTO examining attorney reviews the application. We monitor the docket and keep you updated.
Step 05 As needed
Office action response
If the examiner raises issues — likelihood of confusion, descriptiveness, specimen problems — we respond with the legal arguments and evidence to keep the application alive.
Step 06 Months 8–10
Publication & opposition
Your mark is published for 30 days so third parties can oppose. Most applications sail through. If an opposition is filed, we handle the proceeding.
Step 07 Months 10–14
Registration
The USPTO issues your registration certificate. You can now use the ® symbol and enjoy nationwide rights, federal-court jurisdiction, and statutory damages.
Step 08 Years 5 & 10
Maintenance
We docket and file the required declarations of continued use so the registration you paid for stays alive — you will hear from us in year 5, then year 10, then indefinitely, in 10-year renewals.

How an experienced attorney saves you time and money.

A USPTO search before filing avoids the most expensive trademark mistake — building a brand you can't keep.
Strategic identification of goods and classes maximizes coverage for the budget you have.
Proper specimens and office-action responses keep applications alive that pro-se filers commonly abandon.
We docket (track) renewal deadlines at years 5 and 10 and every 10 years thereafter to protect the registration so you won't miss the deadlines.
Registered marks make cease-and-desist letters work — usually without filing suit.
We tell you when you do not need us. Honest scope keeps fees aligned with value.

Typical Trademark Registration and Enforcement Services

Trademark Search & Clearance

Before a single dollar of marketing investment goes into your name, we run a comprehensive USPTO and common-law search to surface conflicts, weak marks, and refusals waiting to happen. You get a clear go / no-go recommendation and a strategy for filing.

Trademark Registration

We draft and prosecute use-based and intent-to-use applications with the USPTO, plus state and Canadian filings when they make sense. We respond to office actions, manage the 9–12-month docket, and handle declarations of continued use at years 5 and 10.

Enforcement & Cease-and-Desist

Most infringement issues are resolved with a well-crafted cease-and-desist letter backed by a valid registration. When they aren't, we escalate to USPTO opposition or cancellation proceedings, online platform takedowns, and federal court.

Domain Name Disputes (UDRP)

If someone is squatting on a domain that infringes your registered mark, we file Uniform Domain-Name Dispute-Resolution Policy (UDRP) actions to recover the domain — typically faster and far cheaper than litigation.

What does it cost?

Honest scope, flat where we can.

Every brand is different. Below is the range most clients see. You get a final quote after a free consultation — no surprises, and no hourly meter running on the first call. Our hourly rate for legal work is $300 if your matter needs extra work or litigation.

DIY coaching session

First consultation: free

You can perform USPTO searches at USPTO.gov. Warning: searching for an exact mark is inadequate since other marks may be confusingly similar. We will provide you with a comprehensive analysis of the advantages and disadvantages of your trademark and make recommendations. Read the DIY guide →

USPTO clearance search

$500 (word mark only)

We will search existing USPTO registrations and applications for any that are confusingly similar.

Clearance search

$750 (logo/image)

We search the USPTO for logos that are confusingly similar, plus state, common-law, and internet domains.

Comprehensive clearance search

$1,000 (word mark or logo)

Including the USPTO, common law sources, state registries, domain names, and the internet.

Included

A complimentary follow-up consultation will be provided to clarify your choices and any potential risks associated with registering. Our objective is to ensure that you have a comprehensive understanding of the process and are fully committed to proceeding.

Federal application

$1,600 + filing fees per class

The registration process involves drafting, filing, and prosecution. Government filing fees are $350 per international class. International classes encompass a wide range of categories. See the USPTO list of international classes →

Brainstorming session to help you choose a strong mark

$150 / hour + travel and expenses

Expert creative facilitation by Marcos, moderated by your ideas. Explore possible names for an hour on the phone and then sleep on them — the answer will come to you, maybe even a new name not yet discussed.

Cease-and-desist letter

$500 – $1,500

Typically $500–$1,500 unless the matter requires extensive investigation, negotiations, or litigation.

State application

$950 + filing fees per class

Drafting, filing, and routine prosecution through registration with a state trademark office. State government filing fees typically start around $50.

UDRP domain dispute

$2,500 – $5,000 + filing fee

Faster and cheaper than federal court for most squatters, not all.

Trademark transfer of ownership

$500 + filing fees per mark

If you have locked in your rights, it becomes more feasible to sell your business or name alone. Fees vary based on the number of marks being re-assigned.

Confidentiality nondisclosure agreements

$500

Confidentiality nondisclosure agreements are among your most powerful tools for protecting your sensitive business information — and for peace of mind when sharing it with partners, contractors or employees.

Litigation at USPTO

$300/hr - $3,500 retainer to start

When trademark conflicts are not easily resolved, the USPTO Trademark Trial and Appeal Board (TTAB) can sometimes offer relief (if you have been infringed) or grief (if you are accused of infringing). Regardless of the outcome, such proceedings can be emotionally taxing, particularly for individuals unfamiliar with USPTO regulations and procedures. We can guide you through the available options, their associated costs, and potential subsequent actions.

Ranges shown are typical professional fees for straightforward matters in 2026; complex disputes, multi-class portfolios, and litigation are scoped separately. Government filing fees are additional and pass through at cost.

Not sure where to start?

Tell us about your brand. We'll point you to the right service — even if it isn't us.

Free consultation Call 301-388-2252

FAQ

Trademark service questions

Filing since 1976
Two generations of trademark and copyright practice.
USPTO practice
Federal searches, applications, office actions, and appeals.
Maryland based
Silver Spring office, clients across the United States.
Flat, quoted fees
You hear the cost before any work begins.

What trademark clients say

“Finch & Associates is a breath of fresh air when it comes to the process of Intellectual Property. Ruth and Marcos make this process as easy as possible.”

Kevin McGrath

President, The Original Toy Company®

“Individuals looking for a competent, compassionate trademark and copyright attorney need look no further than Finch and Associates.”

Amy K. Spangler

President & CEO, Baby Gooroo, Inc.

“Ruth has been doing trademark and related work for International Nutrition for years. She has a thorough knowledge of the subject and provides excellent work at a reasonable price.”

Robert M. Pugaczewski

President, International Nutrition

Read all client testimonials