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Rechtszaid Law

Trademark Clearance & Filing for Creators and Digital Businesses

Your name, product, podcast, or platform may become one of your business's most valuable assets. Rechtszaid Law helps you assess trademark risk, decide what is worth protecting, and navigate the federal application process.

Protect the brand you are building

A creator’s name can become a media brand. A podcast can become a company. A course or product can grow into its own line of business. Trademark strategy starts with understanding what you are building and which names matter to it.

We advise on clearance, federal applications, USPTO prosecution, and practical portfolio strategy. Depending on the business, that may involve creator and business names, podcasts, products, courses, communities, media brands, logos, or merchandise brands.

Trademark Filing & Prosecution

Trademark Filing & Prosecution

$1,400

for one mark in up to two classes, plus applicable USPTO filing fees and a $169 third-party search cost

Up to 30 minutes of initial trademark strategy consultation
Attorney review of the proposed mark, ownership, goods and services, and filing basis
A limited preliminary attorney review for readily apparent conflicts or filing concerns
Attorney preparation of the identification of goods and services
Preparation and filing of one U.S. federal trademark application in up to two USPTO classes
Review of routine USPTO correspondence and status monitoring during prosecution
Up to one non-substantive Office Action response
Guidance on next steps during the application process

Additional classes are $500 per class, plus applicable USPTO filing fees. The limited preliminary review included with filing is not a full U.S. trademark clearance search.

Full U.S. Trademark Clearance (Federal, State, and Common Law)

Full U.S. Trademark Clearance (Federal, State, and Common Law)

$1,250

for one mark in one class; additional classes are $400 per class

A third-party trademark and marketplace search covering potentially relevant federal trademarks, common-law uses, online uses, and other marketplace activity
Attorney review of potentially conflicting registrations, applications, and common-law uses identified in the search
Attorney analysis of material registration and infringement risks
A written recommendation about whether and how to proceed with the proposed mark

Additional marks, materially different goods or services, or supplemental searching may require an additional fee.

Which service do I need?

Filing includes a limited preliminary review intended to flag readily apparent concerns before an application is submitted. Full U.S. clearance is a deeper assessment of the risk involved in adopting, using, investing in, and seeking registration of a mark.

Depending on the proposed mark, the industry, and the planned investment, we may recommend clearance before filing.

If the USPTO raises an issue

The filing package includes up to one non-substantive Office Action response for certain technical or administrative issues. Substantive responses are outside the flat fee. These can involve likelihood of confusion, descriptiveness, genericness, failure to function as a trademark, or other legal refusals.

If the USPTO issues a substantive refusal, we will discuss the options and the scope and cost of a proposed response before undertaking that additional work.

Additional work and costs

The quoted flat fees do not include, unless expressly stated otherwise: USPTO fees, additional classes, substantive Office Action responses, Statements of Use, extensions, appeals, oppositions or cancellations, enforcement matters, and foreign applications. Third-party search costs are additional to the filing fee as specified above.

Additional work will be discussed and approved before it is undertaken.

Common Questions

Is my LLC name automatically trademarked?

No. Forming an LLC and obtaining a federal trademark registration are different legal processes and provide different rights.

Should I trademark my podcast name?

Potentially, especially if the podcast name functions as a brand and you plan to build a long-term media or commercial business around it. Clearance should come before assuming the name is available.

Can I trademark a phrase I say in every video?

Sometimes, but repeated use alone does not automatically make a phrase protectable. The phrase generally has to function as a source identifier for particular goods or services, and other trademark requirements still apply.

Do I need separate trademark protection for merch and content?

Potentially. Trademark rights are tied to particular goods and services. A brand used for entertainment content may require different coverage from the same brand used on clothing or other products.

Is a trademark search included with filing?

Filing includes a limited preliminary review for readily apparent concerns. A full U.S. clearance search (federal, state, and common law) and written risk assessment are a separate service.

Does filing guarantee registration?

No. The USPTO reviews each application, and an application can face objections or opposition. We can assess likely issues and guide you through the process, but no particular outcome is guaranteed.

Building a brand you plan to keep?

Tell us what you are building and which name or mark you want to protect. We can help identify the right starting point.