FAQs

Please read our FAQs below.

This page will very likely answer your question.

If you have any other questions, please email us at contact@analaw.com

Can you help me if I live in a different state?

Yes! Our firm is based in Chicago. We serve clients in all 50 states.

I have an LLC. Do I still need a Trademark?

An LLC is a limited liability company. The purpose of an LLC is to limit liability and to separate yourself from your business financially. If something were to go

legally/financially wrong in your business, an LLC prevents that affecting your personal assets (and other business assets if you have other businesses).

The name of your LLC is irrelevant. Your state’s LLC database will not let you choose an LLC name that is EXACTLY the same spelling as someone else’s. However, you can change one letter and register that LLC name.

Your state’s LLC database does NOT check the USPTO for prior trademark registrations.

So you may run into problems if you chose an LLC name that is similar to another registered trademark.

You do not need to have the exact same name as someone else to get sued for trademark infringement. For example, you wouldn’t open an LLC that was called “StarBux LLC” because that is very similar to STARBUCKS, even though they are spelled differently. In that case, you may have to retroactively change the name of your LLC.

Remember, the purpose of an LLC is liability and financial protection. An LLC does not mean you own your name. An LLC does not mean other people cannot use or trademark that name.

An LLC is generally considered a very cheap and easy way to have liability protection in America, which is a very litigious country. The courts do not care if your business makes $5 or $5 million. You will still be held to the same standard of liability.

What about a DBA?

A DBA is just a “fictitious business name” that allows you to cash checks in a name other than your LLC name. A DBA does not mean you own your name. A DBA does not mean other people cannot use or trademark that name.

A trademark allows you to exclusively own + monetize your brand in your industry.

A trademark does not give you liability or financial protection. The purpose of a trademark registration is to secure your intellectual property (your brand name, logo, or slogan).

The same way you would not build a house on land that you don’t own… you should not build a brand that you don’t own. There is no point investing $1 or 1 minute into building a brand for someone else to take.

Once you have secured your brand with a trademark, you have peace of mind that you will not be ripped off and are not wasting your time/money investing into a brand that is not yours.

Most business owners need an LLC AND a trademark for each of their brand identifiers (brand name, logo, slogan are all different brand identifiers).

An LLC, a trademark for the brand name, and attorney-drafted fair & favorable contracts are generally the bare-bones, minimum protection a small business needs.

Can I get an LLC in a different state?

Yes. There are many reasons why you may want an LLC in a different state.

Four states allow you to have an anonymous LLC: Delaware, Wyoming, New Mexico, and Nevada.

Delaware and Wyoming also have extremely business-friendly court systems.

If you live in a state with high tax implications or high regulations and are planning to start an LLC, registering it in a different state may also save you money and resources.

But the process of registering a company out of state is not easy or straight-forward. There are several requirements and compliance issues that you need to consider.

If you decide to register your LLC out of state, you may be considered a foreign LLC OR you may be required to register a foreign LLC in your home state.

Depending on the state, you may also need to pay state specific taxes.

The law and regulations are different in each state.

In sum, an out of state LLC may be extremely beneficial for you and can save you thousands. However, if you do not set it up correctly (or if you do not have the funds to set it up correctly AND manage your entity appropriately), then it may not be worth it. It may even harm you.

Make sure the attorney you work with is experienced in business and corporate structuring.

Our firm offers entity formation services, registered agent services, and LLC maintenance services in all 50 states. We also offer anonymous LLC formations in Delaware, Wyoming, New Mexico, and Nevada. All of our filings are done by licensed attorneys.

What are the benefits of an anonymous LLC?

Four states allow you to have an anonymous LLC: Delaware, Wyoming, New Mexico, and Nevada.

Anonymous LLCs mean that the ownership of your business is not available to the public.

You can also use an anonymous LLC to own an LLC in another state (where anonymous LLCs are not allowed) for the ultimate privacy.

This type of privacy can deter frivolous lawsuits or people using your personal details (net worth, family, etc.) against you in negotiations, purchase of real estate, or similar situations.

If you care about privacy, you should register your LLC via an attorney. This will ensure the ownership information is protected with attorney-client privilege.

In order to find out who owns the business, someone would need a subpoena from a court (VERY difficult to get) to break the attorney-client privilege.

Our law firm offers entity formation services, registered agent services, and LLC maintenance services in all 50 states.

We offer anonymous LLC formations in Delaware, Wyoming, New Mexico, and Nevada.

All of our filings are done by licensed attorneys.

Should I get an LLC or S-Corp?

You cannot “get” an S-Corp.

An S-Corp is not a type of business, it is a tax election.

LLCs, C-Corporations, and Professional Corporations are common types of businesses that you can get (typically by registering with the Secretary of State).

An S-Corp election can save you thousands of dollars in taxes, but it also costs money.

If your business (LLC) makes enough money, you can elect S-Corp status.

How do I get an LLC?

LLCs are organized with the Secretary of State in whichever state they are formed in.

Many states allow online LLC filings.

The documents and process to get an LLC is different in each state.

We offer LLC filings in all 50 states.

Can you help me register my LLC?

Yes, we offer LLC filings in all 50 states.

How do you get a trademark?

To register a trademark with the U.S. Patent and Trademark Office (USPTO), you will need to fill out and submit a trademark application.

Most trademarks are filed online using the Trademark Electronic Application System (TEAS), an online trademark filing service (or you can submit a paper application).

Filing a trademark application is the initiation of a 1-3 year legal proceeding with the United States Government. It is a serious matter, with serious legal consequences. It should not be done without an experienced trademark attorney.

Just like people hire family law attorneys to handle their divorce cases and criminal defense lawyers to help them reduce charges if they are arrested, legal matters require legal representation – despite what google or what your friends tell you.

Trademark applications that are filed with an attorney have a much higher approval rate. The USPTO recommends hiring an attorney to assist you with your trademark process as the process is complex and full of legal proceedings.

How much does a trademark cost?

It can cost between $1,000-$3,000 to file your trademark.

The cost for a trademark filing will depend on:

How many Classes (categories) your brand covers
How defective/problematic your brand is
How much due diligence you would like to do before filing (i.e. are you are also purchasing a knockout trademark search or full trademark search for your brand)
How responsive you are to your attorney when drafting the goods/services listing
Many other factors

There are fees to prepare & file a trademark application. And there are also fees that are incurred over the 1-2 year application process.

The more due diligence you would like to do prior to filing, the more expensive it will be to prepare & file your application. How much you invest into due diligence is largely dependent on the inherent risks/defects of your brand and your risk tolerance level.

The more problematic/defective your brand and if there are any 3rd parties who want to stop you from registering your trademark will determine how expensive the trademark process is.

For example, FaceBook (now Meta) recently obtained the trademark registration for “META” in 2021.

META is an inherently defective brand and had numerous problems.

It took their legal team almost a decade (and likely tens of millions of dollars) to obtain.

Of course, many brands are not as problematic as META.

We generally advise that you should budget $5k for each trademark over the course of a year or so.

If you have chosen a defective brand, the earlier on you can change it, make

adjustments, prove “acquired distinctiveness”, etc. the better off you will be.

The earlier on in the name selection process you speak with a trademark attorney, the cheaper, easier, smoother, and faster your trademark process will be.

The only way to know the problems with your brand are with a Full Trademark Search and Availability Assessment done by an attorney in your country.

We are able to do searches for the USA and have a large network of attorneys internationally as well.

Why can’t you give me a quote for my trademark?

Even if your mark has no inherent defects, we cannot give you a “final quote” on your application until we can recommend which Trademark Classes (categories) that your brand covers.

Keep in mind, a trademark application is not a paint job or a hair cut! We are not ethically able to give “final quotes” or “guarantee” any outcomes as per our bar association rules.

More importantly, we need to extract certain information from you in order to gain an understanding of your business. Then we need to cross-check your business’s goods/services to the current best practices for goods/services listings with the USPTO.

A very critical step of preparing your trademark application is correctly selecting your Trademark Classes (categories) and favorably drafting the goods/services listing.

This takes time to do correctly and cannot be done before we onboard you as a client and complete our intake process.

My experience allows me to develop effective strategies to get trademarks through the application process – and correctly Classifying your brand and the goods/services it covers is a huge part of that.

Unlike other attorneys that will throw all of your goods/services into one Class and/or do not use the USPTO PLUS applications (which is the USPTO’s preferred application method and has a MUCH higher sucess rate), we have extensive experience in properly preparing trademark applications.

During the intake process, we will recommend one (or more) Trademark Classes (categories) for your brand. We will advise you on which Classes are most critical and which Classes can wait.

A good estimate is that each trademark you need will cost you $5,000 over the course of a couple of years.

Of course, it can cost hundreds of thousands if your mark gets caught up in an Opposition. And it can cost less that $5,000 if your mark does not encounter any Office Actions.

How do I know how many Classes I need?

There are 45 different trademark Classes, which are categorized on an international system.

Each Class covers a different category of goods or services.

Proper selection of goods/services and Classes is an important part of the trademark application process.

This step requires an attorney’s advisement. You do not have to select your Classes or goods/services on your own as this requires legal analysis.

Even if you research on the internet and come to us with a list of which goods/services and/or Classes you would like, we will not use this information.

We need to evaluate current best practices at the USPTO and recently approved-language in your industry.

What are the trademark Classes?

Chemical Products
Paints & Varnishes
Cosmetics & Cleaning Substances
Industrial Oils & Lubricants
Medicines
Common Metals & Alloys
Machine Tools
Hand Tools
Electric & Scientific Devices
Medical Apparatus
Environmental Control Apparatus
Vehicles
Firearms
Jewelery
Musical Instruments
Stationery & Paper Goods
Rubber Goods
Leather Goods
Building Materials
Furniture & Materials Not Otherwise Classified
Houseware & Glass
Ropes & Fibers
Yarns & Threads
Fabrics
Clothing & Footwear
Fancy Goods Such As Lace & Embroidery
Carpets & Floor Coverings
Toys & Sporting Goods
Meats & Processes Foods
Staple Foods Including Flour, Cereals, Bread Etc.
Natural Agriculture Products
Light Beverages Including Beer
Wines & Spirits
Tobacco Products
Advertising & Business Services
Insurance & Financial Services
Building Construction & Repair Services
Telecommunication Services
Transportation & Storage Services
Material Treatment Services
Education & Entertainment Services
Computer, Scientific & Legal
Restaurants & Food Services
Medical & Veterinary
Personal & Social Services

Why is it so expensive to Trademark?

The trademarking process involves a significant time investment for the attorney and staff assigned to your case. The process can involve dozens of email communications and hours of research/prep time.

There is also a high level of expertise needed. Trademark Law is a very subjective area of law that requires deep knowledge of the USPTO system and current best practices.

When working with an attorney at our firm, your case is handled with the highest degree of care.

The investment a business makes into securing their brand gives one of the highest ROIs of any business investment.

Beyond the year or so to obtain a trademark, a trademark lasts forever (with proper maintenance and if you continue to use your brand).

It should be noted that choosing a trademark attorney is something to be done with care.

This is not the time to chose the law firm who is a hundred dollars less/more.

The most important factors to consider are:

Does the attorney working with you understand your business?
Do they actually understand what you do and how you make money?
Does your attorney understand your supply chain.
Are they responsive?
Do they have the necessary trademark experience to get your trademark
registered?
Do you get along?

The trademarking process is a long one – it doesn’t have to be torture.

What if I cannot afford to get a Trademark?

There are many law school clinics who work with individuals on a pro bono basis.

This is something to look into if available in your area.

Alternatively, we recommend minimizing exposure of your brand. Without a trademark filing, you can try to reduce anyone seeing your brand via marketing or on inventory.

There is a level of protection you get on the day you file your trademark application.

However, there is minimal protection if you try to rely on common law trademark rights (with no filing).

If someone files for your trademark before you (even if you are the first user and have “priority” over them), your options just got 10x more expensive than they needed to be.

Not only do you have to emergency file + successfully register your trademark… you also have to kill the prior filing with an Opposition. You also risk that your application may be suspended.

We also note that trademarking is an investment, but it is not that expensive (considering other business expenses). The ROI on securing your brand with a trademark is very high.

If your business cannot afford to trademark, consider adjusting your business plan until your business is financially viable.

What is the trademark process and timeline?

With no defects, it can take up to 1 or 2 years to obtain your trademark registration.

Step 1:

File your trademark application.

Step 2:

About 6-9 months after you file your application, an Attorney who works for the USPTO (Examiner) will review (examine) your trademark. They will either allow your application to proceed in the process, or issue an Office Action (an initial refusal).

If your application receives an Office Action, you must overcome all issues that the Examiner brings up or your application cannot move forward. If you do not respond to the Office Action, your application will go abandoned.

Step 3:

After your application is approved by the Examiner, it will proceed to publication. Your application will be published in the Trademark Gazette for 30 days. During this 30-day window, any third party may file a “Notice of Opposition” against your brand.

If a third party files an Opposition against your application, your application will be derailed into Opposition proceedings (basically a mini lawsuit at the Trademark Trial and Appeal Board). Your application will not proceed in the trademarking process until the Opposition has concluded. This can take 1-3 years.

If no third party files a Notice of Opposition against your application during the 30-day opposition window, your application will continue on in the process.

Step 4:

After your opposition window closes, the Examiner will issue a Notice of Allowance or otherwise allow your mark.

If we filed an “intent to use” application for your brand, then we did not submit “specimens” (evidence of use) when your application was filed. We will need to to do so after the Notice of Allowance is issued. Once your specimens are approved, your trademark registration will issue in the following weeks/months.

If you were already using your brand when we filed your trademark (and we already submitted specimens), then we likely do not need to submit anything to the USPTO. Your trademark registration will issue in the coming weeks/months.

This entire process takes a minimum of 1-2 years. It can take a few more years, depending on if an Opposition is filed.

I received an Office Action. Can you help?

Yes! We can step in at any time.

Can I trademark a common word?

Yes, in some circumstances.

“Apple” is trademarked. So is “just do it”.

Common words risk being categorized as generic/descriptive, so this is a case-by-case determination that requires a multi-level analysis.

Should my LLC own my Trademark?

You do not need an LLC to get a trademark.

Trademark ownership is nuanced.

Generally, as with most assets, the trademark is used and owned by the business.

However, there are many cases where this is not advisable.

Many of our clients want to get started on their trademark process right away, before they have their LLC.

A trademark can be transferred into the LLC later on.

If you have questions about ownership, please contact your trademark attorney.

When should I get a Trademark? Do I need to have a revenue? Do I need an LLC first?

The ideal time to trademark is about a year BEFORE you are publicly launching a brand.

This way, the trademark process is wrapping up by the time you are launching. You can then maximize the time you are protected.

If you have already launched your business, the best time to trademark is NOW.

The trademark process is getting longer, more competitive, and more expensive every 6 months. Trademark real estate is also running out. Often times, my clients have chosen a name and during the search we uncover another company that filed that name a week or so ago. If that happens to you, it doesn’t mean your trademark is doomed, it just adds SIGNIFICANT expense to the process.

The earlier on in the name selection process you speak with a trademark attorney, the cheaper, easier, smoother, and faster your trademark process will be.

You do not need an LLC or business revenue to get started with the trademark process.

What if our search results show the name we picked is already taken?

During the search process, if you are not comfortable filing the trademark based on the risk factors uncovered, we will provide recommendations for adjustment or you can chose a different name.

If you purchased a trademark application package with a full search, we include a

complimentary second search.

I know of another company using the name I want ( or the name I am already using). Can I still trademark it?

It depends.

In certain circumstances, you can trademark the same name as another company.

Some examples:

Dove Soap and Dove Chocolate
Delta Airlines and Delta Faucets

This is a very case-by-case situation that requires a multi-layer analysis including:

Same or different industries
What are the channels of trade
Are the purchasers sophisticated or impulse purchasers
Recent USPTO history of similar goods/services
Litigation history of the other company
Use investigation of the brand

What can I trademark?

Anything that identifies your brand.

Brand name
Personal name
Logo
Slogan/Tagline
Product name
Subscription name
Membership name
Signature method
Course name
Group Name
Color
Shape
Smell
Jingle
Motion

Typically, small businesses and influencers are interested in trademarking their name, logo, and slogan before anything else.

As your business expands, your trademark portfolio will expand.

Remember, a trademark is a valuable asset that increases in value over time.

What can I copyright?

Original works of authorship.

NFTs
Artwork
Songs
Courses
Profile pictures
Social media content
Certain fashion designs/prints
Movies
Photos
Videos
Architecture
Software

What can I patent?

Patents are only granted to inventions that are new and novel.

This means no one else has already patented your invention or that a person familiar with the field could not easily figure out what you’ve done.

Utility Patents

Machines, processes, methods, medicines, computer programs, articles made by machines, compositions, chemicals, and biogenetic materials, can all be the subject matter for a United States patent.

Design Patents

A design patent protects ornamental features or the look of an object, rather than its function.

It protects only the appearance of the article and not the structural or utilitarian features of the object.

For example, an application for a design patent for a computer mouse would cover the shape of the device rather than its functionality.

How can I get a Patent Pending Status?

You can file a provisional (placeholder) patent application.

This does NOT require a prototype.

How long does a Trademark last?

If you properly maintain and use your trademark, it lasts forever!

It can be passed down or sold.

Do I need a logo before I trademark?

No. If you are only getting one trademark, it is advisable that you get the word trademark for your brand. Generally, the logo is less protective and should be a second trademark.

You do not need a logo or font picked out to get your name trademark.

Your brand name, logo, and slogan are all different trademarks. They each require a separate application and to go through their own application process.

Filing a composite mark (logo + word together in 1 image) is the LEAST protective (weakest) type of trademark. This should generally not be filed before your word and logo marks are filed separately.

How many trademarks do I need?

Depending on what your business is and what brand identifiers you have, you may need multiple trademarks.

We do offer Intellectual Property Audits to go over your business and advise you on what are the most important aspects to protect first and what can wait.

This allows our clients to come up with a cost effective strategy for securing all of their IP assets, including copyrights, trademarks, and patents.

Should I trademark my name or my logo?

If you are only getting one trademark, it is advisable that you get the word trademark for your brand.

This is the strongest and most important brand.

Eventually, you should protect all of your brand assets.

Copyright vs Trademark vs Patent

Copyrights protect original works of art and authorship.

This can be educational power points, course content, videos, software, songs, NFTs, graphic art, characters, books, blogs, etc.

Trademarks protect brands.

Anything that is an aesthetic or non-aesthetic brand identifier can be protected with a trademark registration. This can be brand names, personal names, logos, slogans, taglines, product names, membership names, colors, jingles, shapes, motions, sounds, smells, etc.

Design patents protect the unique visual qualities of a manufactured item. For example, if you design stuffed toys, you can patent the unique design of the stuffed toys. Utility patents protect the creation of a new or improved—and useful—product, process, or machine. This will apply to you if you have invented something.

We do offer Intellectual Property Audits to go over your business and advise you on what are the most important aspects to protect first and what can wait.

This allows our clients to come up with a cost effective strategy for securing all of their IP assets, including copyrights, trademarks, and patents.

Can you help me with my contracts?

Yes. You can purchase a contract template or have an attorney assist you.

Why can’t you answer my quick question?

I have been practicing law for five years, and have encountered countless legal questions from clients, prospective clients, family, friends, and even enemies!

My law firm is well-established, with a good reputation, and people feel comfortable coming to us with their legal concerns. Some people even believe that their questions can be answered quickly, for free, and over a single email, phone call, or a social media DM. This is incorrect.

In my professional opinion, there is no such thing as a quick question.

My clients understand that there are no quick answers. They know that I will take all the time they need to properly understand their situation, evaluate the risk factors, and advise them accordingly.

No one would expect a doctor to diagnose a rare disease over the phone — for free — and to prescribe medication for it, without ever having examined the patient.

If my results were easy to achieve, my clients would not need my years of training, expertise, connections, and skill in order to get the results they desire. Lawyers that graduated from ivy league schools and who work at prominent law firms around the world would not be asking me to co-counsel with them on their cases.

The legal world does not work the way you want it to, which clients find out quickly, once they get the benefit of legal advice.

There are too many potential scenarios, too many issues presented in a given factual situation, too many considerations of “three-dimensional chess”, and too many aspects of the law which do not make sense or are counter-intuitive to the layperson, for you to ask me a “quick” question.

In fact, sometimes, even after researching and digging into case, there are multiple options we present to clients. There is not always a right or wrong answer. My field of law in particular is very subjective.

My role as an attorney is to understand the needs and desires of my clients, evaluate the situation, advise accordingly, and, if needed, prepare their case in the best light possible for a judge to decide on.

Trying to ask me a “quick” question and expecting a quick answer is an invitation to trouble. If I spend 30 seconds on the phone with you, do not intake all the relevant facts, and end up giving you a simple answer, but a WRONG answer, how well have I performed as a lawyer? How would you feel if you found out later that I was wrong? In fact, if this happened, it would mean me risking my professional license and the multiple decades of work I put into becoming an award-winning lawyer.

Spending less time with clients and less time on client matters means cutting corners.

And cutting corners means missing essential facts which might become a nasty surprise a few months down the road.

My personal practice is concentrated in intellectual property and corporate law. I offer thousands of dollars worth of legal and business information FOR FREE on my social media pages, blogs, podcasts, free downloads, and newsletters.

I offer so much free content because I believe in empowering with knowledge. And also because I am actually incredibly passionate about the law, business, and intellectual property. So creating content and connecting with my followers is fun for me.

Charging a consultation fee and performing a conflict of interest check before giving legal advice is a standard practice for lawyers.

Established lawyers such as myself do not take every case for every person who calls on the phone or emails us. I only work with clients who are able to appreciate the advice they receive and expect that their legal matters will be handled expertly and efficiently.

My clients entrust me with taking care of their business’s most value assets – their intellectual property. I take that responsibility very seriously.

Only a thorough consultation will give me enough facts to appropriately advise my clients.

What is a retainer?

Retainers are a common method of payment for first time clients of law firms.

A retainer is paid in advance, for legal services that will be rendered.

Essentially, a retainer is a deposit you pay our firm in advance to secure our services.

Your retainer funds are deposited into your client account at our firm. Your client account is billed against as work is done for your case. If there are funds remaining in your client account after your case, or at the end of our representation with you, you get those funds back.

We do not generally charge a retainer on a repeat basis.

However, if clients require access to our attorneys and team on a regular basis, we do offer monthly plans to “keep us on retainer”.

Example 1

You might pay our firm a $5,000 retainer to handle a contract issue for you.

As we work on your case, we will keep track of every letter or email written, every document researched, each page drafted, and every 20 minutes spent on your case.

All amounts for time and charges are first taken from the retainer, and the attorney or team member on your case will give you an accounting of activities each month, including the amount left on the retainer.

If the charges are more than the retainer amount, you will have to pay the the additional amount.

Example 2

You might pay our firm a $3,000 retainer each month to answer questions about any intellectual property issues you have with your business.

You will be billed the agreed upon amount each month and will have a certain number of documents (pages) that will be reviewed and/or a certain number of hours our team will set aside for you to guarantee our availability for your matters.

Additional matters that are not part of the retainer agreement will be billed separately.

What are your fees?

As is standard with most law firms, most of our billing is done hourly and/or flat rate.