Kansas City Trademark Attorney | Secure Your Brand Rights

Our Trademark Services

Federal Trademark Registration

Federal registration gives you exclusive rights to your brand across all 50 states—not just Kansas City or Missouri. Here’s what that means:

You can stop anyone in the country from using your name. Without federal registration, your rights only extend to where you actually do business. A company in California can use your exact name, and you can’t stop them.

You can sue in federal court. This matters because federal courts move faster than state courts and can issue nationwide injunctions. State courts can only stop infringement in their state.

You can use the ® symbol. This tells competitors your brand is protected and discourages copycats.

You can enforce your rights at the border. Register your trademark with U.S. Customs, and they’ll seize counterfeit goods before they enter the country.

Your trademark becomes a business asset. You can sell it, license it for royalties, or use it as collateral for loans.

Most importantly, federal registration prevents the nightmare scenario: spending years building your brand only to discover someone else registered it federally and now claims superior rights.

Trademark Clearance Search

Before you invest in branding, marketing materials, and inventory, you need to know if someone else already has rights to your name.

We search three places:

Federal trademark database: All registered and pending trademarks at the USPTO.

State registrations: Kansas, Missouri, and other states where you plan to operate.

Common law use: Business registrations, domain names, social media handles, and industry publications to find people using unregistered marks.

Then we tell you plainly: Can you use this name? Will you face conflicts? Should you choose something different?

A $1,500 search now prevents a $50,000 rebranding crisis later.

Application Preparation and Filing

The way you prepare your trademark application determines what you can protect and whether the USPTO will approve it.

We describe your goods and services strategically. Too narrow, and you can’t stop related uses. Too broad, and the USPTO refuses your application.

We select the right filing basis. If you’re already using the trademark, we file based on “use in commerce.” If you’re still in development, we file an “intent to use” application to reserve your rights while you prepare to launch.

We prepare proper specimens. The USPTO requires proof you’re using the mark in commerce—photos of products with the mark, screenshots of your website, or service materials. Many applications fail because businesses submit inadequate specimens.

We identify all relevant classes. Trademarks are registered by category. Sell food and also run a restaurant? You need two classes. We make sure you’re protected across all your business activities.

Handling USPTO Refusals

About 70% of trademark applications receive at least one refusal from the USPTO. Common reasons include:

“Likelihood of confusion” with an existing mark. The examiner thinks your mark is too similar to something already registered. We respond by showing the differences—in appearance, sound, meaning, and how the products are sold.

“Merely descriptive” refusals. If your mark just describes your product (like “Cold Beer” for beer), it’s not registrable without proof you’ve built up distinctiveness through years of use. We either present that evidence or modify your application.

Specimen problems. Your photos don’t clearly show the mark on the product, or they don’t demonstrate actual commercial use. We work with you to get better specimens.

Identification issues. Your description of goods or services doesn’t meet USPTO requirements. We revise it to satisfy the examiner while maintaining broad protection.

We’ve handled thousands of office actions. Most refusals can be overcome with the right response.

Portfolio Management

As your business grows, you’ll accumulate multiple trademarks—your company name, product names, slogans, logo variations.

We track renewal deadlines. Miss a deadline, and your registration is canceled. You’ll have to file a new application and may lose your rights.

We ensure you’re still using the marks. You must file declarations of continued use at years 5-6 and years 9-10, then every 10 years thereafter. Each filing requires specimens showing current use.

We advise on new marks. When you launch a new product line or enter a new market, we help you decide what needs protection and in which countries.

We coordinate international filings. Selling on Amazon Europe? Shipping to Canada? You need trademark protection in those countries. We handle Madrid Protocol applications covering 120+ countries through a single filing.

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Trademark Enforcement

Stopping Infringement

When someone copies your trademark, you have legal options:

Cease and desist letter. We send a formal demand explaining your rights and requiring them to stop. Many cases settle here—the infringer changes their name, and you avoid litigation.

UDRP proceeding for domain names. If someone registered a domain containing your trademark in bad faith, we can get it transferred to you through a streamlined process costing $1,500-$2,500. Much faster than court.

USPTO opposition. When someone applies to register a mark that conflicts with yours, you have 30 days to file an opposition at the Trademark Trial and Appeal Board. We present evidence showing why their mark would confuse consumers.

Federal court litigation. When cease and desist fails, litigation may be necessary. We file infringement lawsuits seeking injunctions (court orders stopping the infringement), damages, and disgorgement of the infringer’s profits.

The key is acting quickly. The longer infringement continues, the more your brand is diluted and the harder it is to prove damages.

Why Quick Action Matters

We recently represented a Kansas City software company whose name was copied by a California startup. The California company claimed they had rights because they’d been using the name for six months “without complaint.”

Because our client had federal registration and contacted us immediately, we obtained a preliminary injunction within 60 days. The California company was forced to rebrand, and our client recovered $75,000 in damages plus attorney fees.

Without federal registration, that case would have been far more difficult and expensive.

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Understanding Trademarks

What Qualifies as a Trademark?

A trademark is any word, phrase, symbol, design, or combination that identifies your goods or services.

Word marks: APPLE, MICROSOFT, NIKE

Logos: The Nike swoosh, Target’s bullseye

Slogans: “Just Do It,” “I’m Lovin’ It”

Product shapes: Coca-Cola bottle, Toblerone triangle

Colors: Tiffany blue, UPS brown

Sounds: NBC chimes, MGM lion roar

The requirement is distinctiveness—it must identify your business, not just describe your product.

Strong vs. Weak Trademarks

Strong marks get broad protection:

• Fanciful: Made-up words like XEROX, KODAK
• Arbitrary: Real words used in unrelated ways like APPLE for computers
• Suggestive: Hints at the product but requires imagination like NETFLIX (internet + flicks)

Weak marks get narrow protection or can’t be registered:

• Descriptive: Directly describes the product like “Cold & Creamy” for ice cream
• Generic: The common name for the product like “Beer” for beer

We help you choose strong marks that are easier to protect.

Service Marks vs. Trademarks

The terms are often used interchangeably, but technically:

• Trademarks identify goods (physical products)
• Service marks identify services

Same registration process, same protections. We just call them all trademarks for simplicity.

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Federal Registration vs. Common Law Rights

What Are Common Law Rights?

You get some trademark rights automatically when you use a name in business. These “common law” rights exist without registration.

The problem: Common law rights only protect you where you actually operate.

Example: You run “Main Street Pizza” in Kansas City. Someone opens “Main Street Pizza” in St. Louis. You have no common law rights in St. Louis, so you can’t stop them—even if you were using the name first.

Worse, if they get federal registration first, they have superior rights nationwide. You might have to stop using your own name outside your local area.

Why Federal Registration Changes Everything

Federal registration gives you rights in all 50 states from your filing date—even places you’ve never done business.

It also creates legal presumptions. In court, the burden shifts to the other side to prove they have superior rights. Without registration, you have to prove everything.

Real Example

A Kansas City retailer operated under the same name for 12 years without federal registration. They expanded to Texas and discovered another company had federally registered an identical name 5 years earlier.

The Texas company sued for infringement. Our client argued they’d been using the name longer, but without federal registration, they only had rights in Kansas City. They were forced to rebrand in Texas at a cost exceeding $200,000.

Federal registration would have prevented this entirely.

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International Trademark Protection

U.S. Trademarks Don’t Protect You Overseas

If you sell internationally—through Amazon, Shopify, or direct export—you need trademark protection in those countries.

Madrid Protocol: File one application through the USPTO seeking protection in 120+ countries. Costs less than filing directly in each country.

European Union: One EUIPO registration covers all 27 EU member states.

Direct filing: For important markets like China, direct filing is often best despite higher costs.

We work with vetted foreign trademark attorneys to secure international protection cost-effectively.

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Why Choose IPCenter?

We Focus on Practical Outcomes

You need a trademark attorney who explains options clearly, not one who buries you in legalese. We tell you:

• Can you use this name?
• What will registration cost?
• Is it worth fighting this office action?
• Should you rebrand or fight this cease and desist?

We’ve Handled Thousands of Applications

Experience matters. We know which arguments work with particular USPTO examiners, how to draft descriptions that avoid refusals, and when to push back versus when to compromise.

We Litigate When Necessary

Some trademark firms only do registrations. When infringement happens, they refer you elsewhere. We handle enforcement in-house—cease and desist letters, TTAB proceedings, and federal litigation.

We’re Local to Kansas City

Meet with us in person. Call and reach an attorney, not a paralegal in another state. We know Kansas City businesses and the local market.

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Frequently Asked Questions

How long does trademark registration take?

Depending on the Trademark Office backlog, tyically it takes 8-14 months for a straightforward applications. Applications with office action refusals can take 12-18 months or longer. Opposition proceedings add another year.

You can start using ™ immediately upon filing and enforce some rights while the application is pending.

What does trademark registration cost?

USPTO filing fees vary: $250-$400 per class of goods/services.

Our attorney fees for a standard single-class application: $1,200-$1,800 including informal “knock-out” investigation, application preparation and filing in most cases.

Complex applications, multi-class filings, or opposed applications cost more. We provide a detailed estimate before starting.

Can I register a name someone else is using?

Only if they don’t have superior rights. That’s why we do comprehensive searches before filing.

If they have a federal registration for related goods/services, you cannot register or use the name.

If they only have common law rights in another state, you may be able to register and use the name—but this creates legal risk.

Do I need an attorney to file a trademark?

No, but USPTO statistics show pro se (self-filed) applications have much higher refusal rates and often result in weak registrations.

The application determines what you can protect. Mistakes cost far more to fix than hiring an attorney initially.

How long does trademark protection last?

Federal Trademarks can last forever, as long as you continue to use it and maintain it. Federal registrations require that you file and pay maintenance fees over the life of the trademark:

• Years 5-6: Declaration of continued use
• Years 9-10: Declaration and renewal
• Every 10 years thereafter: Declaration and renewal

If you miss a deadline your registration will go abandoned.

Can I trademark my business name if someone has the domain?

Maybe. Domain ownership doesn’t automatically create trademark rights. If they’re using the domain for business in your industry, they may have trademark rights. If they’re just parking the domain, they may not yet have rights associated with their domain use. This is one of the benefits of hiring an experience Trademark attorney, they can evaluate the specific facts and advise you on whether you should proceed.

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Protect Your Brand Today

Your brand is an asset. Federal registration protects it nationwide, prevents others from using it, and gives you enforcement rights when infringement occurs.

Call 816.363.1555 or contact us online to discuss trademark registration.

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Additional Resources

• Why Trademark Registration Matters: The business case for federal protection
• How to Choose a Strong Trademark: Selecting names that are easy to protect
• Trademark vs. Patent vs. Copyright: Understanding different types of IP protection

Disclaimer: This information is educational only and not legal advice. Consult a trademark attorney about your specific situation.

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IPCenter | Kansas City Trademark Attorneys

We secure federal trademark registrations, handle USPTO office actions, enforce your rights against infringers, and manage trademark portfolios for Kansas City businesses and clients nationwide.