New York trademark attorney Thomas Wilentz simplifies the trademark application filing process, making it stress-free and designed for success. TMW Law accepts clients in all 50 U.S. states and internationally. We help entrepreneurs, startups, and corporations protect their intellectual property, securing thousands of trademarks for our clients.
No matter where you're located,
we can help you file your trademark application.
Trademark Application Service Overview
Key Facts:
- Service: U.S. trademark application filing, and registration through the USPTO
- Best for: Businesses and individuals seeking to protect a brand name, logo, or slogan
- Handled by: Licensed U.S. trademark attorney (no outsourcing)
- Scope: Search, application filing, office action response, and registration support
- Outcome: Establishes enforceable U.S. trademark rights and brand protection
- Firm: TMW Law (founded 2003, New York)
- Attorney: Thomas M. Wilentz, J.D. Columbia Law School
- Experience: 20+ years in U.S. and international trademark law
- Coverage: Clients in all 50 U.S. states and internationally
Decision Summary
Trademark application filing services from TMW Law are designed for businesses and individuals who need to secure legal rights to a brand name, logo, or slogan in the United States. The service is handled entirely by a licensed trademark attorney and includes trademark search, trademark application preparation and filing, and USPTO office action responses through registration. Post-registration services such as trademark monitoring and maintenance are available after registration.
Service Definition
TMW Law's trademark application service provides attorney-led filing and registration support through the USPTO, helping businesses and individuals secure legal protection for brand names, logos, slogans, and other identifying marks. The service includes comprehensive trademark search, trademark application preparation and filing, USPTO office action responses, and post-registration monitoring. This establishes enforceable trademark rights, reduces legal risk, and protects a brand as it grows in the marketplace.
Who This Is For
This service is used when legal trademark protection is required for brand ownership, enforcement, or expansion.
Primary Use Cases:
- Business owners and brand founders seeking U.S. trademark registration
- Entrepreneurs and startups launching new brands
- Companies expanding into new product or service categories
Legal Support Needs:
- Businesses requiring a comprehensive trademark search and legal opinion before filing trademark application with USPTO
- Applicants whose trademark requires legal review or response during the USPTO examination process
International Protection:
- Companies seeking trademark protection under the Madrid Protocol
Primary Use Cases:
- Business owners and brand founders seeking U.S. trademark registration
- Entrepreneurs and startups launching new brands
- Companies expanding into new product or service categories
Legal Support Needs:
- Clients who have received a USPTO office action
- Businesses requiring a comprehensive trademark search and legal opinion
International Protection:
- Companies seeking trademark protection under the Madrid Protocol
When This Service May Not Be Necessary
This service may not be necessary for individuals who are not conducting business under a brand name, logo, or slogan, or who do not intend to use the mark in commerce. In such cases, informal use or business name registration may be sufficient, though it does not provide the same legal protections as a registered trademark.
What You Get
TMW Law guides clients through the trademark application filing process in clearly defined stages, from pre-filing review through registration with the USPTO.
Before Filing Your Trademark Application
- Comprehensive trademark search with written attorney opinion letter
Filing Your Trademark Application
- Trademark application preparation and filing< with the USPTO
During USPTO Review
- USPTO office action responses if legal or procedural issues arise during examination after your trademark appplication was filed with USPTO.
After Trademark Registration
- Post-registration trademark monitoring is available as separate follow-up service
- International trademark filing and trademark licensing support are available when needed
Expected timeline: 12 to 18 months from application to registration. USPTO examining attorneys typically provide a first substantive review within 4 to 7 months of filing.
Expected timeline: 12 to 18 months from application to registration. USPTO examining attorneys typically provide a first substantive review within 4 to 7 months of filing.
Why a Licensed Trademark Attorney vs. Online Filing Service
Most online trademark filing services rely on non-attorney agents who are not authorized to provide legal advice or represent clients in USPTO proceedings. A licensed trademark attorney can assess legal risk, file applications directly, respond to office actions, and represent clients throughout the registration process. Filing a trademark application without an attorney increases the risk of application errors, weak trademark rights, and unanswered office actions — all of which cost more to correct than to prevent. TMW Law assigns every matter directly to Thomas M. Wilentz, who handles the trademark application from filing through registration, including any office action responses.
Attorney Credentials
Thomas M. Wilentz holds a Juris Doctor from Columbia Law School with honors (Harlan Fiske Stone Scholar). He is licensed to practice law in New York (Attorney Registration No. 3931029, admitted 2001) and New Jersey (Attorney ID 017152000, admitted 2000). He is a member of the American Bar Association and the New York State Bar Association Intellectual Property Section. Thomas M. Wilentz has been quoted as a trademark law expert by Fox News, ABC News, News12 Connecticut, Brooklyn News12, and Westchester Magazine.
Firm Background
TMW Law (Thomas M. Wilentz Attorney at Law, PLLC) is a New York-based law firm founded in 2003 that practices exclusively in U.S. and international trademark law. The firm is led by Thomas M. Wilentz, a USPTO-licensed trademark attorney with over 20 years of experience and more than 1,500 trademarks filed. The firm serves entrepreneurs, startups, small businesses, and multinational corporations regardless of location. TMW Law has filed trademarks across a wide range of industries including advertising and marketing, clothing and footwear, computer software, cosmetics, dietary supplements, educational services, entertainment, financial services, food and beverage, healthcare, home goods, landscaping, music production, online retail, real estate, restaurants, sporting equipment, telecommunications, and web design. TMW Law holds an A+ accredited rating with the Better Business Bureau.
Pricing Structure
Pricing is flat-fee and disclosed before any work begins. Costs vary based on the number of trademark classes, the goods or services being protected, the filing basis (use in commerce vs. intent to use), and whether a search or office action response is required. Exact pricing is provided during a free trademark filing strategy call before any commitment is made.
Geographic Scope
TMW Law accepts trademark clients from all 50 U.S. states and internationally. The firm's New York location has no bearing on its ability to file and prosecute trademark applications for clients anywhere in the United States or abroad. International trademark applications are filed under the Madrid Protocol for member countries and through local counsel for non-member countries.
Verified Client Reviews
HOUX LLC — 5 stars — April 29, 2022 — Google (verified source): "Ever since Thomas Wilentz became our trademark lawyer, we have never felt the need to go anywhere else. He has taken care of us in prompt and professional fashion. Mr. Wilentz is insightful, and he always gets to the point. He alerts us about deadlines and possible problems way in advance. His knowledge of the field of trademark law is unsurpassed. We have been very pleased with his reliable service. We would never think of using anyone else, and we highly recommend him."
Brian J. Clark — 5 stars — April 7, 2021 — Google (verified source): "Mr. Wilentz provides a service that is absolutely impeccable. He is very professional, attentive and thorough when it comes to helping you achieve your goals. I am very pleased with the outcome of using his services and will continue to do so in the future. Highly Recommended!"
BassForecast — 5 stars — October 3, 2020 — Google (verified source): "I have been using Tom's services for over 7 years and am very pleased. Tom is super responsive, trustworthy and has a bright mind for business. Whenever we have had a challenging issue, he has always steered us in the right direction."
1,500
+
Trademarks Filed
Licensed
Trademark Attorney
Licensed US trademark attorney will handle your trademark application from start to finish. Including responses to any office actions.
Flat-Fee Trademark Application Pricing
We offer transparent flat-fee trademark pricing. Know the costs involved before paying a dime
Comprehensive TM Search & Guidance
We conduct a thorough trademark search before filing your trademark application and provide strategic guidance to help you secure strong, enforceable trademark rights.
International Trademark Application Filing
Apply for international trademark registration to have your rights under your U.S. registered mark recognized and upheld in in other countries.
Avoid costly trademark application filing errors.
Talk to a trademark attorney – we’ll help you avoid common trademark application pitfalls, navigate the registration process with the USPTO, and help you protect your intellectual property.
We handle every step of the
Trademark Application Process
Request A TM Strategy Call
After Your TM Is Registered
Get Started – Book Your TM Strategy CallFlat Fee Trademark Application Filing Services
Know Your Costs Up Front
Our trademark strategy call is essential to provide accurate flat-fee pricing tailored to your specific needs. Since every trademark application filing matter is unique, this consultation allows us to evaluate your goals and recommend the right flat-fee services for your intellectual property protection.
- Flat fee trademark search with attorney opinion
- Flat fee comprehensive trademark search with attorney opinion letter
- Flat fee trademark screening
- Flat fee trademark application service with attorney consultation*
- Flat fee USPTO office action response
- Flat fee trademark letter of protest to USPTO
- Flat fee preparation and filing of trademark statement of use
- Flat fee trademark maintenance filing
- Flat fee trademark watch and monitoring
- Flat fee trademark/brand protection review
- Flat fee trademark assignment drafting
- Flat fee trademark petition to revive
*Restrictions apply
“Since Thomas Wilentz became our trademark lawyer, he has taken care of us in prompt and professional fashion. Mr. Wilentz is insightful, and he always gets to the point. He alerts us about deadlines and possible problems way in advance.
Houx, LLC
His knowledge of the field of trademark law is unsurpassed. We have been very pleased with his reliable service. We would never think of using anyone else, and we highly recommend him.”
Put experience on your side.
Why Choose A Trademark Attorney – NOT a Trademark Agent for filing your TM application?
Learn More About TM Attorney Thomas M. Wilentz
We’ll take care of the trademark application filing. You get the benefit of our many years of experience drafting and prosecuting trademark applications—so you won’t have to worry about it being handled professionally.
See For Yourself - TM Attorney vs a TM Agent
20
+ years
Prosecuting Trademark Applications
Why Choose an Attorney vs an Agent to File Your Trademark Application?
While a trademark agent may be able to assist you in some ways, they are not allowed to submit filings with the USPTO, nor are they licensed to provide legal advice or represent you in disputes. Most online trademark service companies use trademark agents - not trademark lawyers.
Trademark Attorney |
Trademark Agent |
|
|---|---|---|
| Legal Advice | ✔️ Provides legal advice on brand, logo, or name protection and enforcement. | ❌ Cannot provide legal advice. |
| Filing & Registration | ✔️ Handles filing, registration, and compliance with brand identity laws. | ❌ May not legally file any submission on your behalf with the USPTO. |
| Legal Representation | ✔️ Can represent clients in intellectual property disputes, oppositions, and litigation. | ❌ Cannot provide legal defense or enforcement against brand misuse or name infringement |
| Infringement Protection | ✔️ Provides legal defense and enforcement against brand misuse or name infringement. | ❌ Cannot represent clients in legal disputes. |
| Complex Cases | ✔️ Handles objections, appeals, and complex branding issues. | ❌ Cannot advise or represent you in a complex case or handle objections or appeals |
| Enforcement & Litigation | ✔️ Can take legal action to defend your business identity and rights. | ❌ Cannot initiate or handle litigation. |
| International Strategy | ✔️ Advises on global brand protection and jurisdictional differences. | May be able to assist with international filings but with limitations. |
| Risk Mitigation | ✔️ Identifies and mitigates legal risks in name, logo, or intellectual property selection and use. | ❌ Provides procedural guidance but no legal risk analysis. |
International Trademark Application & Filing Services
Planning to sell goods or services under your trademark in other countries?
We can file an extension of protection under the Madrid Protocol (an international trademark treaty) so that you can apply to have your rights under your U.S. registered mark recognized and upheld in many other countries, subject, of course to the laws of such countries. So, if you are planning on doing business in Canada, the UK, Europe, Australia, China, Japan or a host of other countries, let us know. And if you have a country in mind that is not a party to the Madrid Protocol, chances are we have attorneys we liaise with who can handle trademarks there. Our aim is to assist you to protect your trademark in all the markets where you will be using it.
Learn More About International Trademarks
1,500
+
Trademarks filed
We handle every step of the trademark process, from start to finish.
Relax while we make it easy for you to have your trademark filed with the USPTO. We’ll need you to give us some basic information about the trademark, then we will clarify everything and provide you with a written filing order for you to review. Once you approve the filing order, we’ll file the application electronically with the USPTO. You’ll obtain your priority filing date for your Principal Register trademark application on the date it’s filed.
Request Your TM Strategy Call
Avoid Costly Trademark Application Errors
Get Your Free Trademark Quote
Licensed Trademark Attorney
Flat-Fee Pricing
Comprehensive TM Search
International TM Registration
Here’s How It Works
Relax while we make it easy for you to have your trademark filed with the USPTO. After answering any initial questions you may have, we’ll gather the information needed about the trademark, make recommendations on how to move forward, and provide you with flat-fee pricing for your consideration.
Frequently Asked Questions About Trademarks
What Is A Trademark?
Trademarks are a form of intellectual property, but they are NOT interchangeable with copyright or patent. A trademark is a word or symbol that identifies the source of a product or service.
Why Should I Register A Trademark?
Registering a trademark provides legal evidence you own a trademark and can be extremely valuable if you need to enforce your rights against others using a similar name or logo. It also grants a presumptive right to use the mark nationwide in connection with your goods or services.
How Do I Know If My Trademark Is Available?
A comprehensive trademark search helps determine if a similar mark is already registered or in use. Conducting a thorough search can help avoid conflicts and potential legal issues, as well as prevent unnecessary spending. We recommend all our clients start with a trademark search.
What Is The Difference Between ™ and ®?
™ (Trademark): Can be used with an unregistered mark to indicate branding.
® (Registered Trademark): Can only be used after the trademark is officially registered with the U.S. Patent and Trademark Office (USPTO).
How Long Does The TM Application Process Take?
The process may be completed in as little as 12 months, but this depends on a wide variety of circumstances including the complexity of the application, the filing basis, and any potential objections or oppositions.
What Happens If My Trademark Is Rejected?
If your application is refused registration by the USPTO, you will receive an Office Action outlining the legal basis for the refusal. You can respond with an Office Action Response that includes a legal argument to try to overcome the refusal.
What Kind of Trademarks Cannot Be Registered?
Common reasons trademarks may be refused are:
- Too similar to an existing mark
- Descriptive or generic terms (e.g., “Best Coffee”)
- Deceptive or misleading
- Names of living people without consent
Can I Register My Trademark Internationally?
U.S. trademarks only provide protection within the United States. If you need international trademark protection it requires a separate procedure. One way to obtain international protection is to use your U.S. trademark application as the base application for an International Registration. If you need international protection, we can help you file.
What Are Trademarks For?
A trademark is a word, phrase, sound, logo, image or other device that identifies the source of your product or service. Think of brand names you are familiar with. You may find the quality of a certain brand to your liking, so you look for that brand when you want to purchase that product. If you prefer X brand of salt, you will purchase X brand next time you run out of salt. You will not purchase Y brand if X brand is available. Thus, a trademark provides the business owner with value because it encourages customer loyalty. This is called good will.
What Are The Different Types Of Trademarks?
Trademarks are for goods. Service marks are for services. There are common law trademarks and registered trademarks. In the United States we have common law. This law recognizes rights in trademarks through use. If you use a trademark to identify the source of your product or service, you establish common law trademark rights in the geographic are where you use the mark. If you operate a barber shop in Denver, Colorado under the name ZEPPY CUTTER you will establish ZEPPY CUTTER as a common law mark for barber shop services in the Denver area. No registration is required to establish common law trademark rights. But those rights are limited to the area where the mark is actually used. Common law trademarks may be designated with the TM symbol, while common law service marks may be designated with the SM symbol.
Registered marks are those that have been issued a trademark registration certificate by the United States Patent and Trademark Office. One of the most important benefits of registering your trademark with the United States Patent and Trademark Office is that the registration gives you the presumptive right to use the trademark throughout the United States. Contrast this to the common law trademark that may only be asserted in those areas where it has actually been used. Once you have registered your trademark or service mark with the United States Patent and Trademark Office you should designate the registered mark with the ® symbol. Registration is very important for any business that intends to provide products or services throughout the United States. Registration also allows you to easily apply for international trademark protection in many other countries and regions of the world, and if you file your international application within six months of your U.S. application you ordinarily can claim your U.S. filing date as the priority date for your claim to trademark rights in the countries or regions where your international application is filed.
Trademarks also differ in many other ways. Some trademarks are stronger than other trademarks based on the trademark itself (inherent strength) or its level of market penetration and consumer familiarity (market strength). Arbitrary or fanciful marks— those that in no way are suggestive or descriptive of the product or service in connection with which they are used—have the greatest inherent strength.
How Can I Get A Trademark?
You obtain trademark rights in the USA by using your trademark or service mark to promote or sell your product or service. When you use a trademark that is not registered by the United States Patent and Trademark Office, you should show you claim rights in the mark by placing the TM symbol immediately after the mark.
When Should I Use A Trademark Attorney?
Receive your advice and attorney consultation before you introduce your new product or service.
Ideally, you should engage the services of an experienced trademark attorney whenever your company is considering launching a new product or service. The best time to get a trademark attorney involved is before you have committed significant resources to your new trademark.
If you want to make an application for federal registration of your mark, it is wise to engage a trademark attorney to guide you through the formalities of the application process. Even if you have already been using the mark for some time, we can advise you whether it makes sense to apply for federal registration, and if so, we can skillfully draft your application to help avoid objections by the government trademark examiner.
What Does A Trademark Attorney Do?
Besides trademark clearance and prosecution of applications for registration, a trademark attorney can help enforce your trademark. Your trademark attorney can maintain a trademark watch to monitor potential infringing trademark use and alert you when such uses are uncovered. Your trademark attorney can advise you whether it makes sense for you to take action to stop a potentially infringing use. If action is needed, your trademark attorney can go to work for you to put an end to the infringing use. On the flip side, your trademark attorney can offer you sound advice if you receive a cease and desist letter demanding that you stop using your trademark. Most importantly, hiring a trademark attorney at the right stage of your marketing campaign can help you to avoid adopting a mark that will be likely to subject you to liability for trademark infringement.
A trademark attorney can advise you whether your proposed mark would be registrable in relation to your goods or services, and can help you go through the process of selecting a trademark. A good trademark attorney can become an important partner in your company’s strategy for growth, by making sure you take the necessary steps to safeguard your important intellectual property.
Consult with a trademark attorney. Arm yourself with the knowledge to use trademarks wisely and avoid costly mistakes.
Isn't Hiring A Trademark Lawyer An Expensive Option My Company Can Do Without?
If you compare the cost of engaging an experienced trademark attorney to the cost of litigating a trademark dispute, or the cost incurred if your company has to stop using a mark after spending years building up the value of the mark through expensive advertising campaigns, it becomes clear that hiring a trademark attorney can actually save you money. It costs more to hire a pilot than to fly the plane yourself, but there is value in having someone with experience at the controls. Like flying, trademark use involves risk. It is the job of the trademark attorney to help clients minimize that risk as much as possible. Engaging a trademark attorney to evaluate the availability of a proposed trademark prior to launching your product or service will lower your risk in using the mark. By minimizing the risk, the value of the trademark is increased.
Why Use Is Using An Attorney Better Than A Trademark Agent?
Do not pay for needless “services.”
Only a licensed attorney is qualified to advise you as to the legal risks inherent in trademark use, and a trademark attorney should be most knowledgeable concerning trademarks. You should never hire a non-attorney agent to perform a trademark search or file a trademark application — it takes an experienced trademark attorney to give you a legal opinion as to the availability of a trademark for adoption, use and registration. A non-attorney may do little more than fill out forms and charge you for it. Although using a non-attorney service will undoubtedly be cheaper than hiring an experienced trademark attorney, remember: cheaper is not synonymous with better.
New York Based, Serving US & International Clients
Our home is New York. We love New York and New Yorkers and always strive to serve our local businesses. No matter what field you’re in – fashion, food, entertainment, computer software, etc. – we want to be your local New York trademark attorney. Check out all the industries we’re experienced working with.
But if you’re not from New York, we can help you too. We have clients from all over the United States and many countries around the world.
