When Marco Brown, the founder of Brown Family Law, decided to trademark his business name, he turned to Indie Law for expert support. His firm, an established Utah-based LLC focused on divorce and custody cases, had been using the name “Brown Family Law” since December 2022. Although the business was already registered as an LLC, securing a federal trademark registration was the next key step in protecting the brand.

Here’s how Indie Law helped overcome the legal and procedural hurdles to successfully register the trademark.

Challenges: What Made This Trademark Application Complex?

1. Generic Surname Issues (Genericity):
The surname “Brown” raised red flags with the USPTO for being too common. Names that sound generic or widely used often face additional scrutiny, especially when distinctiveness is unclear.

2. Incorrect "Date of First Use":
The initial trademark application mistakenly listed a future date. This delayed the process and required Marco to submit updated proof of actual use in commerce.

3. Client Portal Access Issues:
Technical difficulties with client portal access caused delays in communication and document exchange.

4. Information Provision Delays:
Marco needed multiple reminders to submit required documents, which slowed progress.

5. Lack of Proactive Communication:
Status inquiries came from Marco's assistant Lei, highlighting a gap in regular updates.

6. USPTO Backlogs:
Processing delays at the USPTO led to longer-than-expected timelines, requiring expectation management.

7. Misleading Solicitations:
Indie Law had to educate the client about misleading trademark-related solicitations—common scams that cause confusion post-application.

8. Post-Registration Compliance:
After registration, extra motivation was needed for Marco to complete final maintenance steps.

9. Trademark Usage Confusion:
Marco had questions about when and how to properly use the ® symbol to show ownership.

10. Explaining Complex Legal Terms:
Legal jargon needed to be translated into plain English so Marco could feel confident about next steps.

11. Timeline Expectations:
Understanding that trademark registration can take 9-12 months (or more with office actions) was essential to avoid frustration.

12. Long-Term Engagement:
Trademarking is not a one-time project—it’s an ongoing relationship. Keeping Marco engaged over time was key.

13. Post-Registration Monitoring:
The shift from application to active brand protection needed a clear transition plan.

14. Proactive Legal Guidance:
Planning for future risks (infringement, renewals, misuse) required thoughtful, forward-thinking legal strategy.

15. Trademark Education:
Helping the client understand their trademark rights and how to protect them going forward was critical.

Solutions: How Indie Law Addressed Every Challenge

✔ Strategic Surname Handling:
We prepared strong arguments for distinctiveness and explored the Supplemental Register as a backup if needed.

✔ Accurate “First Use” Filing:
Clear instructions helped correct the error, backed by documentation showing proof of use since 2022.

✔ Improved Access and Communication:
We provided portal troubleshooting tips and backup methods to keep communications flowing.

✔ Prompt Follow-Ups:
Automated reminders and email templates sped up client responses for key documents.

✔ Proactive Updates:
We instituted regular status emails so Marco and his team didn’t have to chase us down.

✔ USPTO Timeline Transparency:
We clearly explained the impact of USPTO backlogs and kept the client informed of realistic timelines.

✔ Scam Awareness Education:
We flagged common post-filing solicitations and explained which communications were official vs. fraudulent.

✔ Post-Registration Guidance:
Marco received an easy-to-follow checklist for post-registration actions, including using the ® symbol correctly.

✔ Legal Simplicity:
We used plain English to explain complex legal steps and confirmed understanding with one-on-one conversations.

✔ Long-Term Relationship Focus:
Scheduled check-ins and celebration milestones helped maintain engagement through the full process.

✔ Smooth Post-Registration Transition:
We ensured Marco had tools and reminders to manage trademark renewals, enforce rights, and watch for infringement.

✔ Educational Resources:
We provided Marco with tailored materials explaining how to use, monitor, and protect his trademark long-term.

Results: What Marco Brown Gained from Working with Indie Law

• Trademark Approved Despite Surname Challenge
  Our arguments increased the odds of success, even with a common surname.
• No Costly Delays from Filing Errors
  Correcting the “date of first use” early on saved time and minimized rejection risks.
• Stronger Communication & Client Confidence
  Improved access and regular updates kept the client informed and satisfied.
• Faster Information Turnaround
  Better responsiveness led to faster filing and smoother application progression.
• Prepared for Post-Registration
  With tools in place for usage, renewals, and monitoring, Marco is now set for long-term brand protection.
• Improved Understanding of Trademark Law
  Our approach ensured the client understood every step, increasing confidence and satisfaction.

Client Testimonial

“The information is accurate as far as I can tell. Filing fee paid.”
— Marco Brown, Brown Family Law

While brief, Marco’s response reflected confidence in the application draft and a smooth approval to move forward.

Key Takeaways

The Brown Family Law case illustrates that even seemingly simple trademark applications can get complicated quickly—especially when dealing with common names, client responsiveness, and USPTO backlogs. With Indie Law’s expert guidance, Marco Brown secured his trademark successfully, with clarity, legal protection, and peace of mind.

By helping him understand the process, stay compliant, and plan for the future, Indie Law transformed a routine filing into a long-term brand asset.

Related Articles from Indie Law

Explore more resources to help protect and grow your brand:

• Can You Trademark Your Own Name?

• What to Do If You Made a Mistake on Your Trademark Application

•  You've Got Your Trademark Registration: Now What?

• Common Trademark Mistakes and How to Avoid Them

• How Long Does the Trademark Process Take?