Intellectual Property · Trademark
Trademark Law
Montague Law provides comprehensive trademark services to help businesses build and protect their brand identity — guiding you through every step of the trademark process, from search and registration to enforcement and litigation.
Our Trademark Practice Areas
Building a brand takes significant investment, and protecting that investment matters for your business success. We work with businesses to establish and maintain effective trademark rights, helping safeguard your brand identity in today's crowded marketplace.
For searching and registering a U.S. trademark, our flat-fee packages are now offered through Ambit:
Ambit · A service of Montague Law PLLC
Flat-fee trademark search and registration, entirely online.
Ambit is our streamlined flat-fee service for searching and registering U.S. trademarks — defined scope, transparent pricing, and a straightforward online process from search to registration.
- A U.S. knockout search of USPTO records for conflicts, with a straight risk assessment of your mark's registrability before anything is filed
- Your application drafted — including the goods and services descriptions — and filed with the USPTO
- We track your application through registration and translate every USPTO notice into plain English and practical choices
Packages from $1,295
Start your trademark at Ambit → Ambit fits most new U.S. trademark applications. For complex situations — large portfolios, contested marks, or unusual filing strategies — contact us for a consultation and traditional engagement. Package prices are flat attorney fees; USPTO filing fees ($350 per class) are collected separately into trust, and no consultation is needed to start. Non-substantive office-action responses are included in the flat fee; substantive refusals are quoted separately before any work begins.Trademark Search and Clearance
"Can we use this name?" This fundamental question deserves careful consideration before investing in new branding. When requested, we conduct trademark searches to assess availability and risk.
Trademark Registration
Having worked with hundreds of successful trademark applications, we understand how the USPTO examination process unfolds in real-world scenarios. We manage the entire trademark registration process:
- Preparing and filing federal trademark applications with the USPTO that properly capture your brand elements
- Responding to office actions and addressing USPTO refusals with practical solutions
- Filing and managing international trademark registrations through the Madrid Protocol when needed
Throughout this process, we focus on balancing cost considerations with appropriate protection levels to help secure meaningful coverage for your valuable brand assets.
We also represent foreign companies — and their counsel — seeking U.S. trademark registration and enforcement.
Trademark Portfolio Management
Registering trademarks is just the beginning. We assist with ongoing maintenance and protection:
- Filing necessary post-registration documents to maintain your rights
- Monitoring for potential infringements that could dilute your brand
- Developing strategies for thoughtfully expanding your trademark portfolio
- Advising on proper trademark usage practices to preserve your rights
Trademark Disputes and Litigation
When conflicts arise regarding your trademarks, having knowledgeable guidance helps navigate these situations. We protect your trademark rights by:
- Responding to cease-and-desist letters with appropriate strategies
- Representing clients in Trademark Trial and Appeal Board (TTAB) proceedings
- Litigating trademark infringement cases in federal court when necessary
- Addressing online infringement issues, including on platforms like Amazon, Etsy, and other marketplaces
Online and Marketplace Enforcement
Much of today's trademark enforcement happens on platforms, not in courtrooms. We help brand owners deal with counterfeit and knockoff listings on marketplaces like Amazon, Etsy, and eBay — including Amazon Brand Registry enrollment and takedown requests — along with DMCA notices for copied content and domain-name disputes. These tools are usually far faster and less expensive than litigation.
Trademark Licensing and Transactions
Want to allow others to use your brand while maintaining control? We draft and negotiate trademark licensing agreements and related contracts that help you monetize your brand.
Frequently Asked Questions
What is the difference between a common law trademark and a federally registered trademark?
A common law trademark arises automatically when used to promote goods or services, but it provides protection limited to the geographic area where the mark is used. A federally registered trademark, filed with the USPTO, provides nationwide protection, legal presumption of ownership, and the ability to use the ® symbol. Federal registration also serves as public notice of ownership.
How long does it take to register a trademark?
The trademark registration process typically takes 12 months or more from filing to registration, driven by USPTO examination timelines. However, once registered, the rights apply retroactively to the date you filed your application.
What does it mean that a trademark must be “distinctive”?
“Distinctiveness” is a legal requirement for trademark protection. Courts categorize possible marks on a spectrum of distinctiveness, from generic (not protectable) to descriptive (sometimes protectable) to suggestive, arbitrary, or fanciful (always protectable). The more distinctive a trademark, the stronger the legal protection it receives.
Can I protect my business name as a trademark?
Your business name can serve as a trademark if it’s sufficiently distinctive and used in your business to identify the source of your goods or services. However, merely registering a business name with your state does not create trademark rights.
What should I do if someone is using a mark that is confusingly similar to mine?
If you believe someone is infringing your trademark rights, it’s best to act quickly but in a measured way. You want to protect your rights, but you also want to avoid an expensive legal fight unless it’s absolutely necessary. In many cases, the most cost-effective approach is to have a trademark attorney assess the situation and, if appropriate, send a cease-and-desist letter. That usually works, but if not, you may want to consider options for pursuing the matter in court (generally a last resort).
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