Frequently asked questions

There are two ways of filing in the US - either as an existing brand or with "an intent to use".

In the first case, we will need to submit some samples showing the use of the name/logo in the US (e.g. website, social media, marketing materials, etc.).

In the second case, the proof of use is be submitted later. However, USPTO charges $150 per class for additional filing. Our service fee is $150 for the extra filing (regardless of the number of classes).

The term "use in commerce" means the mark is used to promote or sell goods and services in the US. It is a common practice filing with "an intent to use" to secure an earlier filing date and your future position. You will have approximately 12 months for providing evidence of actual use. If needed, you can extend the limit.

We recommend submitting the application on the "Intent to use" filing basis to secure earlier filing date and your future position. You will have approximately 12 months for providing evidence of actual use. If needed, you can extend the limit further.

Date of first use anywhere is the date when the goods were first sold or transported, or the services were first rendered, under the mark anywhere.

The date of first use in commerce is when the goods were first sold or transported, or the services were first rendered, under the mark in the United States.

A trademark is valid for 10 years. It is possible to prolong it.

Trademark classes refer to an international classification of goods and services applied for the registration of marks. There exist 45 classes for different products and services. For example, class 25 covers clothing.

Registering in more classes gives you broader protection. At the same time, your application will become more expensive (due to additional government and service fees) and more complex (the more classes you choose, the higher is the risk of opposition).

Choosing too many classes may increase the risk of opposition. We recommend selecting classes covering core business in the present and foreseeable future.

A logo is a symbol or other small design adopted by an organization to identify its products, uniform, vehicles, etc. It may or may not include the name. For example, Apple's bitten apple does not feature any letter, whereas Coca-Cola's logo uses its name in a stylized font. Nike has a trademark for the word in a stylized font, the "swoosh" mark and their combination.

The colour is not considered as a differentiating element in the UK and EU. In the US and Canada, we recommend registering a B&W version as it also covers any colour variant.

The trademark protects not only against copycats with identical marks but also against similar marks. Two marks are considered similar if they overlap in dominant/distinctive parts, which means that your logo may implicitly also protect the name. If you register a logo, which features words as a dominant element, you get implicit protection on the words as well. It means you can object if somebody tries to register a similar name and claim infringement of your mark if a competition operates under the same or similar name.

If you register a wordmark, it protects the name in any visual context but does not protect a specific visual content. So other companies could use the same style for a different name.

In general, the best value for money is to register a trademark type you will be using on your goods or in connection with your services. If you want 100% protection, you may need two trademarks. Another thing is that you can use the symbol ® only with the type of trademark you have registered.

There are two main criteria. The first criterion is distinctiveness - trademarks eligible for registration need to be unique and distinctive enough to allow them to be identified by consumers.

The second main criterion is similarity - eligible trademarks need to display sufficient distinctiveness in comparison to trademarks already registered.

Unfortunately, there is no such thing as a global trademark. Trademark registration is only valid in countries where an application has been filed and accepted. As a result, we strongly recommend registering the trademark in markets where you currently sell or wish to sell your products and services in the future.

We either file directly in a country of interest or via World Intellectual Property Organization. The second option tends to be more cost-effective if you need more than five countries.

Yes, you can register a trademark as a natural person. If needed, it can be later transferred to the company (or vice versa).

Yes, it is possible.

If we have found similar trademarks, a trademark office may refuse to register your brand or owners of the trademarks may oppose your application. Whether they will do so is hard to say.

From our experience, the chances of opposition increase if one of the brands is your direct competitor or belongs to a large corporation.

We can either make a co-existence agreement, dispute the opposition, or withdraw the application if this happens.

It depends on how relevant the opposition is. You can either try to oppose the opposition or strike a co-existence agreement with the other party. Generally, it suffices not to compete in areas where the other brand is active.

It depends on whether there is a direct or indirect competitor with a similar name. In general, the larger a company is, the more likely is to oppose the trademark applications of others.

Generally, the answer is no. But it depends on whether the primary function of the product/service is similar to the competitor. If it is, they could still claim that it would infringe on their brand. Whether they will do so depends on if they still use the brand (which they may not if the registration is old) or if the owner could consider you a threat (i.e. if they published a book with this name and you are building an online marketplace, it may be ok for them).

Competitors can oppose your registration in a given class even if they do not register for a particular type of goods/services. Whether an objection will be successful depends on the level of similarity. E.g. in the case of clothing (class 25), if you want to trademark "fingerless gloves", somebody who produces "gloves" can say it is too similar and would likely win the case. However, in class 9, if you want to trademark "batteries", a company trademark for "laboratory centrifuges", would be much less likely to succeed.

Technically yes, your trademark can be opposed even by a company that does not own a trademark in the same class. Whether such objection will be successful is a different question.

Technically yes, a trademark can be cancelled due to non-use or fraudulent intent. However, if you filed it in good faith and has been using it, there is a very low chance of success.

It depends on a specific case. However, generally, registering a logo increases your chances as logos tend to have visual elements in addition to words or letters, which increases distinctiveness and thus also decreases the motivation of existing trademark owners to challenge your application.

People say that lawyers are greedy. We are trying to change this image. Trademark registration is not rocket science, and we do not believe it should be priced as if it was. We are probably not the cheapest provider out there, but we think that our price-performance ratio is by far the best.

The price depends on the number of countries and classes you need. It consists of our service fee and government fees (charged by trademark offices). You can find our detailed price list here.

Yes, the price should be final (i.e. include both service and government fees). One possible exception is the US trademark. There are two ways of filing in the US - either as an existing brand or with "an intent to use". In the first case, we will need to submit some samples showing the use of the name/logo in the US (e.g. website, social media, marketing materials, etc.). In the second case, the proof of use is be submitted later. However, USPTO charges $150 per class for additional filing. We charge a service fee of $150 for the extra filing (regardless of the number of classes).

Since most of the price for trademark registration (in some cases over 80%) is due to government fees that need to be paid when applying, we do not offer any payment plan that would allow you to pay instalments over a prolonged period. If the cost is an issue, we recommend starting in one country and then expanding further.

The money-back guarantee applies to cases where the trademark office refuses to register the mark in question. We have not notified the applicant about the risk of refusal in advance. Refunds apply to the service fee, not to the government fees.

Yes, when choosing 2 or more countries, we offer a 15% discount on service fees.

The fee covers trademark eligibility check and similarity screening, drafting of goods & services specification, preparation and filing of the application, expert advice along the way and government fees charged by the IPOs. Also, we will act as your representatives and forward any notifications from trademark offices.

Yes, our prices do include government fees charged by trademark offices.

The price is without VAT and applies to our service fee. If you register as a company or you are based outside of the EU, VAT would not be applied.

Yes, once the application is submitted, you will get a filing number. It should be accepted by Amazon Brand Registry even before the trademark is registered. However, it may take a few days until your application is published in a trademark register and recognized by Amazon. Make sure that the trademark you register is identical to the brand name you are using at Amazon.

Our core jurisdictions are the US, UK and EU. We register dozens of trademarks monthly in Canada, Australia and Switzerland. We can help you with registration in pretty much any country in the world (either directly or via our partners)

Yes, we offer continuous monitoring of trademark registers for identical or confusingly similar third party applications, which may conflict with your trademark.

Yes, we can help you. We have a team of 20 lawyers specializing in IP. We can represent you directly in the US, UK, EU or Switzerland and work with carefully selected law firms in the remaining jurisdictions.

Trama is a team of 40+ professionals, including US attorneys and a former USPTO examiner. We have filed more than 38,000 trademarks and are frequently among the biggest trademark filers in the US, the EU or the UK. We combine technology and legal expertise to make an individual approach scalable and keep our service affordable. Since 2024, Trama has also provided full-scale brand protection, from monitoring to enforcement.

The process is simple and consists of three steps: free brand infringement check, detailed report, and enforcement action.

Free brand infringement check - Start by submitting your brand for a free brand infringement check. Within 2-3 business days, we will provide an initial summary highlighting identified threats to your brand.

Detailed report - If any unauthorized uses of your brand are detected, we prepare a comprehensive report outlining where and how your brand is being misused, along with the recommended potential solutions.

Enforcement action - Based on the findings, you can choose the most suitable course of action from the solutions offered by our legal team. This may include submitting takedown requests, contacting infringers, or initiating legal action.

While it's possible to monitor your brand without a registered trademark, we strongly recommend securing one first. A trademark provides the legal foundation for enforcement actions, making it significantly easier to remove infringements and protect your brand effectively.

If you haven't registered your trademark yet, we can help you with the process to ensure your brand is fully protected.

The platforms you should monitor depend on the nature of your business and where you currently operate or plan to expand. For example, e-commerce brands should focus on online marketplaces like Amazon and eBay, while social media-driven businesses may need to monitor Instagram, Facebook, and TikTok.

To help you with platform selection, we offer a tool that provides recommendations of the most relevant platforms for brand protection based on your business industry.

Your first detailed infringement report will be delivered within 2-3 business days after the initial check. Regular monitoring reports are sent on a bi-weekly basis.

The initial brand infringement check is free. Payment is only required once you decide to proceed with continuous monitoring and enforcement. If you choose not to continue with paid subscription, you will still have access to your first report and our recommendations on the Trama platform.