The Tend Journey
Good care, early.
Most founders come to me at one of three moments: they want to know if a name is worth betting on, they've already fallen in love with a name and need to understand what they're working with, or they're ready to file and want someone who's been on the other side of this process. Whatever brings you here, this is what working together looks like.
1
Getting started
Explore and reach out.
Spend a little time on the site. Look at what a Tend Check covers, read about how I approach clearance and strategy, and get a feel for whether this is the right fit. When you're ready, reach out directly. No intake form, no automated questionnaire. Just a message.
Good care starts before the first conversation.
2
First conversation
Tell me about your brand.
We'll have a brief conversation about where you are in the build, what you're hoping to protect, and what questions you're carrying. I'll ask about your mark, your goods or services, how far along the business is, and what's already keeping you up at night about the name. This is where I start building a picture of your specific situation.
3
The Tend Check
Clearance, strength analysis, and strategy.
I conduct a comprehensive clearance search using professional examiner methodology — the same approach I used for ten years at the USPTO. I evaluate likelihood of confusion with existing marks, assess the inherent strength of your mark, and identify any prosecution risks specific to your class and industry. You receive a written summary in plain English with a clear green, yellow, or red signal, plus a class and goods/services strategy tailored to where your business is headed.
You'll know what you actually have, not just what you want to hear.
4
Strategy conversation
Walk through the results together.
We meet for 30 minutes to review the findings. I'll explain what the search turned up, walk through the risk factors, and give you my honest read on whether the mark is worth protecting as-is, whether there are adjustments worth considering, or whether the clearance picture warrants a harder look. I'm never predisposed to one answer — the right call depends on your business, your timeline, and your risk tolerance.
5
Filing (if you're ready)
Application preparation and USPTO filing.
If you choose to move forward with The Filing Review, I prepare your USPTO application — identification of goods and services, specimen guidance, filing basis — and submit it on your behalf as a licensed attorney authorized to practice before the USPTO. The $750 Tend Check fee is credited toward the filing fee. I track the application through registration and handle any non-substantive office actions that come in along the way.
The preparation that makes the difference.
Filing to initial USPTO review
~6 months
Filing to registration certificate
~12 months
Day 1
Application filed with the USPTO
Your application is submitted and assigned a serial number. Your filing date is now established — this is the priority date that matters if a competing application surfaces later.
~6 months later
USPTO examining attorney review
A USPTO attorney examines the application. If there are no issues, the application is approved for publication. If there are issues, a written Office Action is issued explaining what needs to be addressed.
~1 month later
Publication for opposition
The mark is published in the USPTO's Official Gazette, giving third parties 30 days to oppose registration if they believe it conflicts with their existing rights.
~3 months later
Notice of allowance issued
For intent-to-use applications, the USPTO issues a Notice of Allowance once the opposition period closes without a challenge. This is not registration — it means your mark is allowed to register once you demonstrate use in commerce.
~1–6 months later
Statement of use filed
We file a Statement of Use on your behalf, demonstrating that your mark is now in use in commerce with the goods or services identified in the application.
~1 month later
Registration certificate issued
The USPTO approves the Statement of Use and issues your Registration Certificate. Your mark is now on the Principal Register.
This timeline assumes the application proceeds without office actions and that specimens of use are ready when needed. Marks already in use in commerce follow an abbreviated path. Trademark registration is not guaranteed.
Timeline reflects current USPTO average processing times and is subject to change. For marks currently in use in commerce, a specimen may be filed at the time of application, which shortens the path to registration.
The honest answer is: earlier than most founders do it. The best time is before you launch, or as soon as you have a name you're ready to commit to. Trademark rights in the U.S. are priority-based, which means the first to file generally wins if two parties are using the same or similar mark. Every month you wait is a month someone else could file first.
You can — U.S. citizens are allowed to file pro se. But most DIY applications get refused or encounter problems, usually because of incorrect class identification, weak identification of goods and services, specimen issues, or a likelihood of confusion with an existing mark the applicant didn't find. Fixing those problems after the fact is more expensive than getting the clearance right before you file.
Domain registration and social handles don't create trademark rights. They're registrations with private companies, not the federal government. A trademark is what gives you the right to stop someone else from using a confusingly similar name for the same or related goods and services — across all platforms, not just the ones you've claimed.
An Office Action is a written letter from a USPTO examining attorney explaining a problem with the application. It might be a likelihood of confusion with an existing mark, a descriptiveness refusal, a specimen issue, or something procedural. It's not a final rejection — most Office Actions can be addressed with a well-reasoned response. This is also where examiner experience matters most, because I know what the person on the other side is actually looking for.
USPTO filing fees run $250–350 per class, depending on the application type. Professional fees for The Filing Review are $1,500, with the $750 Tend Check fee credited if you move forward. The cost of losing a name you've built a brand around is considerably higher.
Indefinitely, as long as you keep using the mark in commerce and file the required maintenance documents — a Section 8 declaration between years 5 and 6, and renewals every 10 years after that. A trademark that lapses can be cancelled, which is why ongoing maintenance matters.