Trademarks that hold up

Why registrations fail later

Getting through the USPTO is only the first test. Most services aim only to get your application approved, and that isn't enough. A registration has to stand up to an infringer's legal team when you later enforce your rights. When that day comes, the other side's lawyers will pick apart the original filing, looking for any misstep they can find, and the registration can come apart in their hands.

Ambit is run by a litigator with over thirty years of experience. Your application gets the scrutiny the other side's lawyers would give it, before filing, while every problem is still fixable.

Will Montague speaking with a client
Ownership Use in commerce Intent Specimens Scope Priority

The full pre-filing analysis

Most services get you a registration. Ambit builds one that holds up years later when someone tests it.

The other side's checklist, run early

When a registration is attacked, opposing counsel works through a known list of grounds. Ambit runs that same list before the application is filed, when every answer can still be changed. After registration, most of them cannot.

What gets tested

The grounds that undo a registration are known and finite. Each one is a question your application either answers well at filing or answers badly years later, under oath, against a lawyer who is paid to find the gap.

First, the two that kill applications outright

The record behind your filing

Use in commerce

Real sales, real dates, and whether those sales cross state lines. Sales arranged to reserve a mark do not count, and purely local sales do not support a federal registration. A challenger who shows your first real sale came after your filing date is attacking the registration at its foundation.

Intent documentation

On an intent-to-use application, the first thing an opponent's lawyer asks for is the paperwork behind your intent. Ambit tells you what that record has to show, reviews what you have, and says plainly where it is thin while there is still time to build it.

Specimens

Whether your specimen shows the mark working as a brand rather than as decoration, and whether it matches the drawing. Apparel and merchandise sellers walk into this one constantly: a design printed across the front of a shirt is usually ornament, not trademark use.

Lawful use

Products regulated under federal law, including hemp and CBD goods, cannabis, and unapproved health products, cannot support a registration no matter how carefully the application is written. Filing services do not screen for this. Ambit does, before you pay for a filing that cannot stand.

Strategy that sets your rights

Filing basis and timing

Your filing date is your nationwide priority date, so the choice between filing now on use and filing early on intent is a strategic one, not a form field. When a use basis is genuinely available, choosing it correctly also saves you a Statement of Use later, which runs $550 in attorney fees plus $150 per class to the USPTO.

Mark format

Standard characters or a stylized drawing, chosen for the protection you will want in ten years rather than the logo file you happen to have today. The wrong choice ties your rights to artwork you will redesign, or claims a version of the mark you do not actually use.

Scope of goods and services

The description of what you sell decides how much of the market your registration reaches. Written too narrowly it protects almost nothing worth having. Written too broadly it collides with a senior user or draws a refusal. Narrowing amendments during prosecution are included in your fee.

Grounds of refusal

Likelihood of confusion, descriptiveness, surname and geographic meaning, deceptiveness, functionality, and failure to function as a mark. Each is screened and graded in a written assessment you keep, with candid advice when a mark is weak enough that a different one would serve you better.

The other side's playbook, run against your application before the USPTO ever sees it.

Every defense a challenger's lawyer runs down after registration is a question Ambit asks before filing. Only a litigator can credibly make that promise, because only a litigator has spent a career on the other end of it.

Will Montague in conversation with clients

Packages

Prices are attorney fees. USPTO fees are $350 per class and are stated before you pay. Additional classes are $250 in attorney fees plus the USPTO fee. No subscriptions, no auto-renewals, no monitoring products.

Value

$1,295 One class included

Built around the credential. Amazon Brand Registry requires a registered or pending U.S. trademark, and this tier gets you one with real attorney work behind it: the search, the assessment, the ownership and lawful-use checks, and a carefully prepared filing. The registration kit includes a step-by-step Brand Registry enrollment guide. The deeper analysis belongs to Standard, and a short acknowledgment at intake spells out the difference so you choose with open eyes.

  • Attorney-run U.S. knockout search with a graded, written, attorney-signed risk assessment, and a free second search if the first mark comes back high risk
  • Ownership check, lawful-use screen, and specimen review before filing
  • Attorney-prepared and filed application, goods drafted from the USPTO ID Manual
  • Non-substantive Office Action responses, plain-English status updates at every USPTO event, up to 15 minutes of attorney call time, and the registration kit at issuance

Premium

$2,995 Three classes included

Everything in Standard, including the full analysis, plus the deepest file and the most attorney time. Built for the client whose mark is the business, where the evidence behind the registration needs to still exist years from now.

  • Secure document storage for intent-to-use records and interstate sales records, with a documented right of return
  • One Statement of Use filing included on intent-to-use applications
  • One substantive Office Action response included
  • Up to 75 minutes of attorney counsel, split across sessions before and after filing

What happens after you start

No consultation, no phone call to schedule. Pick a package, and the work begins with your answers.

1 / The questionnaire

Longer than the forms elsewhere, on purpose. The detail it demands about your ownership, sales, and plans is the raw material the analysis runs on.

2 / The analysis

Will runs the search and works the grounds on this page against your answers, then sends the graded written assessment with a candid recommendation.

3 / The filing

Once the record is right, he prepares the application, walks you through every declaration before you sign, and files it with the USPTO.

4 / The wait, translated

Examination takes months. At every USPTO event you get a plain-English update on what happened and what, if anything, it requires from you.

If a refusal issues

An Office Action is a preliminary refusal, and it can be fatal to the application. Nobody here will tell you it is routine. Non-substantive responses are included in every package. If a substantive refusal issues, Will reviews it and quotes the work before anything is billed.

If a response would be futile, he says so, and that assessment costs you nothing. Outcomes depend on the refusal, the record, and the examiner, which is exactly why the record gets built carefully before the USPTO ever opens the file.

Focused services

Order a single service

U.S. knockout search

$795

Attorney-run search of the federal register, one mark, up to three classes, with a graded written risk assessment. No vendor fees, no add-ons.

Clearance search and analysis

$1,795

Federal, state, and common-law sources, with the same graded written assessment. Deeper coverage, described as exactly that and never as proof that a mark is safe.

Application only

$845

One class, use-based or intent-to-use, non-substantive Office Action responses included. Filed without a search, which is your call to make knowingly.

Will Montague

Will Montague

A litigator with over thirty years of experience, admitted in Kentucky. A large part of that career has been spent on registrations that were filed carelessly, which is where every question on this page comes from.

He does the work personally, start to finish: the search, the analysis, the application, and the correspondence that follows.

Flat fees, fully online, no consultation required to start. The price is on the page and does not require your contact information to see.

Tested before filing, while every problem is still fixable.

Start your trademark

Pick a package above, answer the questionnaire, and the analysis begins.