Your Trademark and Business Law Questions, Answered by an Actual Attorney
These are the questions I hear most from entrepreneurs just like you asked in consultations, sent in emails, and Googled at midnight. Every answer below was written by me, a licensed attorney with USPTO experience. No disclaimers. No "consult a professional." I am the professional.
Browse by topic or read straight through. Either way, you'll leave knowing more than when you arrived.
Trademark Questions
What is a trademark and do I actually need one?
A trademark is a federally registered legal right that protects the words, names, logos, and slogans that identify your brand. If you're building a business with a name or brand identity worth protecting and you are then yes, you need one. Common law rights give you limited protection in your local area, but federal trademark registration gives you nationwide rights and the legal standing to stop copycats across the country.
What is the difference between ™ and ®?
The ™ symbol means you're claiming trademark rights in a name or logo but it does not mean you have federal registration. Anyone can use ™ without filing anything. The ® symbol means your trademark has been officially registered with the USPTO. Only registered trademark owners can legally use ®. Using ® before your registration is approved is a federal violation, so if you haven't filed yet, stick with ™ for now.
How does trademark registration work?
The process starts with a trademark search to confirm your desired mark is available and registrable. Once we've confirmed clearance, I prepare and file your application with the USPTO. From there, the USPTO assigns an examining attorney who reviews the application this typically takes three to five months. If the application is approved, it's published for opposition, giving third parties 30 days to object. If no one opposes, your trademark registers and you receive your certificate. The full process typically takes 12 to 18 months from filing to registration.
What is a USPTO office action and what do I do if I receive one?
An office action is a written communication from the USPTO examining attorney identifying a problem with your application it could be a technical issue, a likelihood of confusion with an existing mark, or a request for clarification. Receiving one does not mean your application is denied. It means you have a deadline to respond. Missing that deadline can result in abandonment of your application, so if you receive an office action, don't wait. I handle office action responses and can step in even if I didn't file your original application.
Do I need a trademark or a copyright — what's the difference?
They protect different things. A trademark protects your brand identity your business name, logo, slogan, or tagline — and prevents others from using something confusingly similar in commerce. A copyright protects original creative works — written content, photography, music, graphic designs, and other artistic expression. Many entrepreneurs need both. If you're a content creator, author, or designer, your creative work may qualify for copyright protection in addition to trademark protection for your brand name.
Can I trademark my logo and my business name separately?
Yes and in many cases, I recommend it. A word mark protects your business name in any font, color, or design. A design mark protects your specific logo as it appears. Filing both gives you the broadest protection. If you can only file one right now, a word mark typically offers stronger, more flexible protection because it covers your name regardless of how it's styled.
What happens after my trademark is registered — do I need to do anything?
Registration is not a one-time event. You'll need to file maintenance documents with the USPTO between years five and six, and again between years nine and ten, to keep your registration active. You'll also want to actively monitor for infringement other businesses filing similar marks or using your brand without authorization. I offer trademark monitoring so you're not left watching for this on your own.
How long does trademark protection last?
A federal trademark registration can last indefinitely as long as you continue using the mark in commerce and file the required maintenance documents on schedule. There is no expiration date the way there is with patents. That's one of the reasons trademark registration is one of the most valuable long-term investments you can make in your brand.
What does a flat-fee trademark package include and what about office actions?
My trademark packages are all-inclusive flat fees. That means no surprise invoices, no hourly billing for phone calls, and no additional charges if your application receives an office action. Office action responses are included. I built my packages this way because I know entrepreneurs are managing tight budgets and need to know exactly what they're spending before they commit.
Do I need an LLC before I trademark my business name?
No. LLC formation and trademark registration are separate legal processes and neither is a prerequisite for the other. You can file a trademark application as a sole proprietor, under an existing LLC, or even before you've formed a business entity at all. That said, if you're building a brand you intend to protect, I'd recommend getting both in place. Your LLC protects your personal liability. Your trademark protects your brand identity. They work together but they're not the same thing.
I already use my business name — doesn't that mean I own it?
Using a name in commerce gives you common law rights in the geographic area where you operate. But common law rights are limited they don't give you nationwide protection, they're harder to enforce, and they don't show up in a USPTO search the way a registered trademark does. If another business files a federal trademark for a name similar to yours before you do, they can have the legal standing to demand you stop using it — even if you've been using it longer. Filing first is what secures your position nationally.
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For entrepreneurs who are ready to move fast, the Trademark-in-a-Day package is the fastest path to a filed trademark application. Your search is completed, your opinion letter is delivered, and your application is submitted — all within one business day of your completed intake.
This is a premium package built for business owners who understand that time in the market is brand equity. If your launch date is close or a competitor is moving in on your space, this is the package for you.
What do I need to have ready before I purchase?
You'll need your brand name and a clear description of the goods or services it covers. If you're registering a logo mark, have your final logo file ready. You don't need to have everything perfect — the intake form walks you through it step by step.
When will my trademark application be filed?
For the standard trademark registration package, your application is typically filed within a few business days of your completed intake. For the Trademark-in-a-Day package, your application is filed within one business day of a completed intake.
What if the USPTO raises an issue with my application?
Office action responses are included in your package at no additional charge. Whether the examiner raises a procedural issue or a substantive refusal, I respond on your behalf. You will not receive a separate invoice for this.
How do I buy a trademark registration package online if I've never worked with an attorney before?
The process is straightforward. Purchase your package, complete your intake form, and I take it from there. You'll have direct access to me throughout — not a paralegal, not a form processor. You can also review the full trademark registration process before purchasing.
Is this service available to business owners outside of North Carolina?
Yes. Her Legacy Law Firm is a virtual practice and I serve clients nationwide. Trademark law is federal — it doesn't matter where you or your business are located.
Do you offer payment plans?
Reach out before purchasing if you have questions about payment options. You can contact me directly or fill out the intake form and note your question there.
Featured Package: Trademark-in-a-Day
Featured Package:
Trademark-in-a-Day
What's the difference between an LLC and a corporation?
An LLC (limited liability company) is a flexible business structure that separates your personal assets from your business liabilities without the formality of a corporation. A corporation is a more structured entity with shareholders, a board, and specific compliance requirements it's often the right choice for businesses that plan to raise investment capital or issue stock. For most solopreneurs and small business owners, an LLC is the right starting point. I can help you evaluate which structure fits where your business is headed.
Do I need a business contract if I work with people I trust?
Yes especially then. Contracts aren't a sign of distrust. They're the document both parties can point to when memory, priorities, or circumstances change. A clear contract defines scope, payment terms, deliverables, and what happens when something goes wrong. Without one, disputes become your word against theirs. I draft and review contracts for service providers, creatives, and small business owners who want to work with confidence.
Can I form a nonprofit through your firm?
Yes. I assist clients with nonprofit formation including drafting articles of incorporation, bylaws, and the documentation needed to apply for 501(c)(3) tax-exempt status. If you have a mission-driven organization you're ready to structure properly, I can walk you through the process.
Copyright Questions
Does my creative work have copyright protection automatically?
Yes copyright protection attaches the moment an original work is created and fixed in a tangible form. You don't have to register to own the copyright. However, federal registration gives you something automatic protection does not: the ability to sue for statutory damages and attorney's fees if someone infringes your work. Without registration, you can only recover actual damages which are often difficult to prove and may not cover your legal costs. Registration is inexpensive relative to the protection it provides.
What kinds of work can be copyrighted?
Original creative works qualify written content, blog posts, books, photographs, graphic designs, illustrations, music, videos, and software code, among others. The work must be original and fixed in a tangible medium. Ideas, facts, titles, names, and slogans cannot be copyrighted those fall under trademark law if they're being used to identify a brand.
How is copyright different from trademark — which one do I need?
Copyright protects what you create. Trademark protects how your brand is identified in the marketplace. A graphic designer may need copyright protection for client deliverables and trademark protection for their studio name and logo. A course creator may need copyright protection for their course content and trademark protection for the course name. The two often work together, and many of my clients need both.
Estate Planning Questions
Do I need a will if I'm a business owner?
Yes and arguably more urgently than someone without a business. Without a will, your state's intestacy laws determine what happens to your assets, including your business interests. That may not align with your intentions. A will allows you to name beneficiaries, designate guardians for minor children, and specify what happens to your business if you're no longer here to run it. Estate planning is one of the most important things you can do for the people and the legacy you're building for.
What's the difference between a will and a trust?
A will takes effect after you die and goes through probate a court-supervised process that becomes part of the public record. A trust can take effect during your lifetime, avoids probate, and keeps your affairs private. Trusts also allow for more nuanced control over how and when assets are distributed. For business owners and entrepreneurs building generational wealth, a trust is often the more powerful tool but the right answer depends on your specific situation.
I'm young and healthy — do I really need to think about estate planning now?
The best time to create an estate plan is before you need one. Life is unpredictable, and the documents that protect your family, your business, and your assets only work if they exist before something happens. I work with entrepreneurs at every stage not just those approaching retirement. If you've built something worth protecting, it's worth planning for.
Working with Her Legacy Law Firm
Do you work with clients outside of North Carolina?
Yes. My practice is fully virtual and I serve clients nationwide. I've operated as a virtual-first firm since 2018, so remote service delivery is built into how I work not an afterthought. Wherever you're building your business, I can help you protect it.
How do I get started?
Fill out my intake form and I'll be in touch to discuss your situation and next steps. If you already know you're ready to file a trademark, you can also browse my trademark packages directly in the shop.
Do you offer flat-fee pricing?
Yes. I don't bill by the hour for trademark and business formation services. My packages are flat-fee and all-inclusive, so you know exactly what you're investing before we begin. Pricing is available on each service page and in the shop.
What if I have a question that isn't answered here?
Reach out directly. You can fill out my intake form, email me at danielle@herlegacylawfirm.com, or call 336-560-3926. If your question is more involved, we can schedule a consultation and work through it together.