Trademark Registration and Brand Protection: File, Defend, and Enforce Your Mark
A trademark is only as strong as the work behind it: a clear search before you file, a registration that holds up at the Trademark Office, and a plan for when someone copies you. Jonathan Phillips handles all three, from first filing through federal court, and has filed, maintained, and enforced portfolios of hundreds of marks for clients ranging from small startups to large companies with many marks.
At a glance
Who this is for: Business owners who want to register a name or logo, applicants with an office action, and brand owners dealing with copycats, knockoff sellers, or cybersquatters.
What Jonathan does: Clearance, filings, office action responses, oppositions and cancellations, brand monitoring, demand letters, marketplace and domain takedowns, and litigation.
Where: Federal and state filings from Peoria, Illinois, and trademark litigation in federal courts nationwide.
First deadline to watch: An office action response is generally due in three months. A letter from another party usually states its own deadline; check it first.
What do you need to do with your mark?
I want to register a name or logo.
Federal trademark registration: clearance, classes, use versus intent-to-use, and timeline.
Illinois trademark registration: what a state registration does and does not give you, and why federal is usually the better filing.
The Trademark Office, or someone else, is pushing back.
Trademark office actions: refusals for likelihood of confusion or descriptiveness, and when to argue versus amend.
Trademark opposition and cancellation: challenging or defending a mark before the Trademark Trial and Appeal Board.
Someone is copying my brand.
Trademark policing and brand protection: what to monitor, when to act, and how to avoid overreaching.
Trademark cease-and-desist letters: sending one, or responding to one you received.
Marketplace and domain takedowns: marketplace brand programs, domain complaints, and when to go to court.
Should I register federally or only in Illinois?
Usually federally. A federal registration covers the whole country, is the basis most marketplace brand programs ask for, and is what a federal infringement suit is built on. A state registration covers one state and gives far less. The Illinois registration page explains when a state filing still makes sense.
Why does clearance come before filing?
A mark that looks like an existing one is the most common reason applications are refused, and the most common reason a new brand gets a demand letter. A search before you file costs far less than a rebrand after launch. Jonathan runs the search, reads the results, and tells you the risk in plain terms before anything is filed.
What if a letter does not work?
Most copycat problems end with a firm letter or a marketplace takedown. When they do not, the next step is a federal lawsuit. Jonathan litigates trademark cases in federal courts nationwide, including the Northern District of Illinois, and the federal IP litigation page lists every court where he is admitted. If you are a seller named in a multi-defendant brand-owner case, see Schedule A defense.
What to do in the first week
Gather what you have: the mark as you use it, the date you first used it, and every place it appears.
Do not file anything yourself until the mark has been searched. A flawed filing is hard to fix.
If you received a letter or office action, find its deadline and write it down.
If someone is copying you, save screenshots with dates and links before the listing or page disappears.
Book a short consultation to decide what to file, answer, or send.
How Jonathan handles trademark matters
Jonathan has filed, maintained, and enforced trademark portfolios of hundreds of marks, from small startups to large companies with many marks. He has handled hundreds of trademark matters, including registrations, office action responses, enforcement letters, takedowns, and federal court cases. Flat fees and payment plans are available for most filings and demand letters.
Frequently asked questions
Do I need a lawyer to register a trademark? No, but the application is where most mistakes are made, and a refused or narrow registration is expensive to repair. A lawyer can clear the mark first and choose the right classes.
How long does registration take? It varies with the Trademark Office's backlog and whether you receive an office action. Plan on many months, and ask about the current timeline when you call.
Can I just use the ™ symbol without registering? Yes. The ™ symbol claims common-law rights and needs no filing. The ® symbol is only for marks that are actually registered federally.
What does it cost? Flat fees and payment plans are available. Government filing fees are set by the Trademark Office; see the USPTO fee schedule for current amounts.
Someone registered a mark that looks like mine. What now? You may be able to oppose it before it registers or cancel it afterward. See the opposition and cancellation page.
Recent writing
Jonathan L.A. Phillips, Brown, Hay & Stephens, LLP. Last reviewed October 2026. Prior results do not guarantee a similar outcome.