A badly cleared brand name is a future headache wearing nice shoes. Trademark law helps protect the names, logos, slogans, and other identifiers that customers associate with your business, brand, show, or service. The earlier you think strategically about trademark issues, the better your odds of building on solid ground — instead of discovering mid-launch that someone else got there first.
At BNP Legal, we help clients make practical trademark decisions in plain English, with flat-fee services where possible and a clear explanation of what is and is not included. No jargon. No surprises. Just straightforward guidance that helps you build with confidence.
Why It Matters
Protects the brand equity you're building
Reduces risk of costly rebrand mid-launch
Establishes legal priority over your name
Creates a defensible asset for the future
Gives you standing to stop copycats
What Trademark Law Protects
Trademark law generally protects identifiers that tell the public where goods or services come from. It's broader than most people think — and more specific than a cool name and an available domain.
Business & Brand Names
The name your customers know you by — whether it's a company name, personal brand, or product line.
Logos & Visual Marks
Graphic elements, stylized text, and design marks that identify the source of your goods or services.
Slogans & Taglines
Catchphrases used in commerce that serve as brand identifiers and connect customers to your business.
Podcast & Show Names
Show titles used as source identifiers for ongoing content, services, or audience-facing offerings.
Program & Course Brands
Camp names, coaching programs, training courses, and other branded service offerings you take to market.
Product & Service Names
Specific product lines, app names, and service offerings that carry distinct brand recognition.
Important: Trademark protection is not automatic just because a name sounds cool, a domain is available, or the LLC paperwork exists. The legal analysis is more specific than that.
IDEAL CLIENTS
Who This Is For
This practice serves people building brands that deserve real protection — across industries, platforms, and business models. If you're putting your name, face, or reputation behind something, trademark strategy belongs in the conversation early.
Athletes & Sports Brands
Your name and brand are your most valuable long-term asset. Protect them before someone else files first.
Creators & Podcasters
Show names, channel brands, and content identities are protectable — and worth protecting when audiences grow.
Founders & Entrepreneurs
Build on solid ground from day one. Strategic filing decisions now prevent expensive surprises later.
Small Businesses & Merch Brands
From coaches to camp operators to product sellers, trademark protection scales with your ambitions.
WHAT TO AVOID
Common Trademark Mistakes
These are the errors we see most often — and every single one of them is significantly cheaper to fix before you've built a brand around the wrong name than after.
The LLC Myth
Forming an LLC does not create trademark rights. State registration and trademark law are entirely separate systems.
The Domain Myth
Buying a domain or social handle does not give you exclusive trademark rights. Use in commerce and registration are what matter.
Skipping the Search
Filing without a proper clearance search is one of the most avoidable — and costly — mistakes a brand builder can make.
Wrong Classes, Wrong Owner
Filing under the wrong class or in the wrong owner's name can undermine the entire application.
Weak or Crowded Names
Descriptive names and crowded categories create real legal risk. Strength matters just as much as availability.
OUR SERVICES
Trademark Services
From initial strategy to long-term brand architecture, each service is designed to give you clarity and protection at the right stage of your brand-building journey.
1
Trademark Search & Strategy
We assess the brand name or mark, review potential risk issues, and help you decide whether it makes sense to move forward, adjust course, or rethink the filing plan entirely. This is where smart decisions get made.
2
Application Filing
We prepare and file trademark applications based on the agreed scope and filing strategy. Accuracy in preparation matters — a well-filed application is a stronger application.
3
Office Action Review
If the USPTO issues a refusal or raises questions, we assess the issue and advise on next steps. Responses outside the original scope are separately quoted unless specifically included upfront.
4
Brand Protection Planning
Some clients need more than one application or need to think about long-term brand architecture. We help clients make strategic filing decisions — not random ones — as their brand evolves and grows.
PRICING
Flat-Fee Pricing Structure
We use a flat-fee approach where possible so clients know what the legal work will cost before they commit. Predictable pricing removes the anxiety of open-ended hourly billing and lets you make informed decisions about moving forward.
The attorney fee covers the legal work within the agreed scope. Government filing fees and official fees are separate costs paid directly to the USPTO and are not included in the attorney fee unless specifically stated otherwise in your engagement agreement.
Attorney Flat Fee
Quoted per engagement scope — covers legal work as described in the written agreement.
Government Filing Fees
Paid directly to the USPTO. Fee amounts vary by filing basis and number of classes.
Third-Party Costs
Additional if needed (e.g., professional search services). Disclosed before incurred.
What's Included
Depending on the package and agreed scope, services may include:
Trademark strategy and risk assessment
Search review and analysis
Filing basis analysis and class selection
Application preparation and filing
Practical guidance on next steps
What's Not Included
Unless specifically included in writing:
Government filing fees
Contested proceedings or oppositions
Litigation or appeals
Foreign filings
Complex office action responses beyond original scope
How the Process Works
Getting trademark protection doesn't have to be complicated. Here's how we move from your brand idea to a filed, protected application.
Most clients move from initial consultation to a filed application efficiently when the strategy and search phases are handled properly upfront. Skipping steps is how problems get created — not avoided.
FREQUENTLY ASKED QUESTIONS
Your Trademark Questions, Answered
What is a trademark class?
A class is a category of goods or services used in trademark applications. Choosing the right class matters because it affects the filing scope, the fees you'll pay, and how the USPTO evaluates your application. Filing in the wrong class can undermine your protection — or leave gaps you didn't intend.
Should I search before filing?
In most cases, yes. A proper clearance search helps identify risk before you spend time and money building a brand around a name that may have existing conflicts. The cost of a search is almost always less than the cost of discovering a problem after launch.
Can I trademark my podcast name?
Potentially, yes. If the name functions as a source identifier for ongoing content, services, or related offerings — and it's used consistently in commerce — trademark protection may be worth exploring. The strength and availability of the name both matter.
What if I haven't launched yet?
You may still have filing options depending on the facts and the filing basis you qualify for. Timing matters — filing too early or too late each carry their own risks. The right strategy depends on where you are in the process and what your launch timeline looks like.
Good Brands Deserve More Than Crossed Fingers and a Cute Logo.
Get a clearer answer before you invest more time, money, and energy into the wrong name. One conversation can save you a costly rebrand, a legal dispute, or years of building on shaky ground.
This page is for general informational purposes only and does not create an attorney-client relationship. Representation begins only after a written engagement agreement is executed. Results depend on specific facts and circumstances. Nothing on this page should be relied upon as legal advice for any particular situation.