Frequently Asked Questions
Trademarks
1. What is a trademark?
A trademark is a legal tool used to protect your brand identifiers such as your business name, logo, slogan, or other brand elements that help distinguish your business from others in the marketplace.
2. When should I file my trademark?
Ideally, a trademark should be filed as early as possible, and preferably, before you invest heavily in branding, marketing, or scaling your business. However, if you've already launched or started building your brand, it's still important to move forward with protecting it as soon as possible. The longer you wait, the greater the risk that someone else may file for a similar name first.
3. What if someone recently filed a trademark for a name I was already using?
In many cases, prior use of a business name creates legal rights even if someone else filed a trademark application first. Trademark rights can be influenced by several factors, including when the trademark was first used in commerce and the geographic scope of that use. If someone recently filed for a name you were already using, it's important to speak with an attorney as soon as possible to discuss next steps and options.
4. What should I do if someone is infringing on my trademark?
If someone is using a name, logo, or other brand identifier that is confusingly similar to your trademark, you may have legal options available depending on the circumstances. Trademark disputes can be complex, so it's important to speak with an attorney as soon as possible to evaluate the situation and discuss the appropriate next steps.
5. If I have an LLC, do I still need a trademark?
Yes, forming an LLC and filing a trademark serve two different purposes. An LLC is a business entity and can help protect its members from personal liability, while a trademark helps protect your brand name and identity. Simply forming an LLC does not prevent others from using or registering a similar name.
6. How long does the trademark process take?
Trademark applications are reviewed by the United States Patent and Trademark Office (USPTO), and the process can take anywhere from 10 to 16 months depending on the specifics of the application and whether any issues arise during review. While timelines vary, filing sooner rather than later can help secure your place in line.
7. Is approval of my trademark guaranteed after filing?
No. Filing a trademark application does not automatically guarantee approval or registration. Applications may be refused for several reasons, including conflicts with existing trademarks, descriptiveness issues, or other concerns raised during the USPTO review process.
8. How much will it cost to file my trademark?
Our trademark package currently starts at $2200 and includes the USPTO filing fee for one class of goods/services. Payment plan options are also available, with installments starting at $650 per month. Final costs may vary depending on the scope of the filing and any additional legal services involved.
9. Do you only work with businesses in Georgia?
No. While The Fine Print Firm is based in Georgia, we assist trademark clients throughout the United States. Trademark matters are governed by federal law and are filed through the United States Patent and Trademark Office (USPTO).
Contracts
1. Do I really need a contract?
Yes, a well-drafted contract helps set clear expectations, protects your business, and reduces the risk of misunderstandings and disputes down the line.
2. Can't I just use a template I found online?
We wouldn't recommend it. Online templates can be a helpful starting point, but are often overly generic and may not address the specific needs, risks, or goals of your business. Even if a contract template is appropriate for the type of transaction involved, the terms may still be written in a way that primarily benefits the other party. Having your contract reviewed by an attorney or having a custom contract drafted helps ensure the terms are tailored to protect your interests.
3. How long does contract drafting and review take?
Turnaround times can vary depending on the complexity of the agreement and the scope of the work involved. In general, contract drafting typically takes approximately 1 to 2 weeks, while contract reviews are usually completed within 3 to 7 business days. Rush requests may also be available depending on scheduling and availability.
4. What types of contracts do you handle?
We assist with a variety of agreements including service agreements, independent contractor agreements, partnership agreements, nondisclosure agreements (NDAs), copyright assignment agreements, trademark licensing and assignment agreements, influencer and brand collaboration agreements, select music industry agreements, and other business-related contracts.
5. What if I already signed the contract?
Even if you already signed the contract, it may still be helpful to have it reviewed by an attorney. Depending on the circumstances, we may be able to help you better understand your obligations, discuss possible next steps, and evaluate any available options for modifying, terminating, or navigating the agreement moving forward.
6. Do you only work with businesses in Georgia?
While The Fine Print Firm is based in Georgia, we may be able to assist clients in other states depending on the type of agreement and the applicable law.
Still have questions? Contact us at info@thefineprintfirm.com.