Trademarkabilities

"I'm an attorney. I think I can file a trademark application."

I've heard some version of this more times than I can count. And every time, I think the same thing. 🤔

You probably *can* file one. The form isn't complicated.

But filing a trademark application and securing an enforceable trademark registration that protects your client's brand for decades? That's a different skill set entirely.

A brand is the only differentiator for most of our clients' businesses. The stakes are too high to figure it out on the fly.

Trademark law is a specialty. Treat it like one. ⚖️

If you're ready to invest in building real trademark expertise, the Trademarkabilities Masterclass was created for you.
17 hours.
Two decades of experience.
The strategy and practical tips behind the filings, not just the rules.

Ready to get started? Link in bio.

✨️ An ITU application cannot be assigned. Full stop. ✨️

Well, almost full stop. Section 10 of the Lanham Act carves out one narrow exception: an ITU application can be assigned, but only to a successor to the business to which the mark pertains.

Here's the problem with that exception: if the mark isn't in use yet, there is no business to which it pertains.

That's not a technicality. That's the whole point of the restriction. Congress built it into the Lanham Act specifically to prevent trafficking in marks, defined as the practice of filing ITU applications with no genuine intent to use them, then flipping the rights to whoever wants them.

You cannot skirt this issue by dropping "successor in interest" language into an ITU assignment, it doesn't cure the problem. It papers over it. The underlying defect is still there.

What's actually at stake: the assignment is void. The receiving party has no valid rights. And when that comes out in litigation, the damage can be severe and expensive to undo. That’s why savvy trademark attorneys know when there is an asset purchase agreement, to hold back the ITU applications. Why? To make sure those ITU applications can be saved.

If your client holds an ITU application and wants to transfer it as part of a deal, the analysis cannot stop at "we'll add successor language." The question is is the mark in use yet? If so, get the use on file first and then record. If not, hold back the assignment until there is use.

If you're looking to build a trademark practice and want to make sure you’re avoiding traps like this the right way, check out our FREE preview of the Trademarkabilities Masterclass now. Link in bio.

Want to avoid costly trademark disputes for your clients before they start? Get really good at trademark searching! 🔍

💡 Best defense? A strong trademark clearance search.

Before you file, make sure you conduct a comprehensive trademark search to:
🔍 Identify potential conflicts
🔍 Assess legal risks
🔍 Minimize chances of opposition

An availability search may cost your client more upfront, but it can save years of litigation and so much more if the client has to rebrand or lose the goodwill it has built up with its customers.

Want to elevate your trademark searching skills? Check out our course on Trademark Searching and Clearance now. Link in bio.

Your average small business owner client needs at least 3 trademarks.

1️⃣ One to protect the brand name - for the company itself or its main product or service.
2️⃣ One to protect the distinctive logo design.
3️⃣ One to protect the slogan or tagline, if they have one.

That's three trademark applications from a single client relationship, and they don't all have to be filed at once. Part of your job as their trademark attorney is helping the client prioritize the trademarks strategically, so they're protecting what matters most first and building from there.

That's exactly the kind of practical, practice-building guidance we teach inside the Trademarkabilities Masterclass. We don't just teach the substantive law, but how to think like a business owner yourself, so that you become the trademark attorney your clients actually want to keep coming back to.

Want to see what's inside? Start with our FREE Masterclass Preview. Link in Bio.

In my 21 years of trademark practice, I never met an attorney who said:
"I waited until I was completely ready to practice trademark law, and then I started."

What I hear instead is:
"I said yes when I probably should have asked more questions first."
"I took the case. I lost sleep over it. I figured it out."
"I was terrified, but I did it anyway."

I have a lot in common with those attorneys. When I first started my solo practice in 2009, I had no partners down the hall to turn to, no one to gut check search results with, and clients who needed answers I wasn't 100% sure I had the answers to...yet. I had to build my confidence the only way you actually can - by doing the work.

Readiness is a myth. Momentum is real.

The attorneys who enroll in the Trademarkabilities Masterclass don't wait until they feel confident. They build their confidence by enrolling in our course, doing the work, asking the hard questions, and having someone who's already made the mistakes catch them before they do.

That's the community we've built. And it's why attorneys keep finding their footing with the support we provide inside it.

What I teach inside the Masterclass isn't just trademark law. It's 20+ years of experience based on my business AND legal experience distilled into something you can actually use with your clients starting on day one. That's what makes us truly unique. That's what makes it worth it.

Are you ready to join us? Not someday. Today.

Preview our Masterclass for FREE. Link in bio.

Real mentorship is access to someone who has already made the mistakes, built the practice, and can help you avoid the pitfalls that no CLE ever covers.

These are exactly the principles that the Trademarkabilities® Masterclass is built around.

Every attorney who enrolls gets a personal invitation to join a private support community - monitored by me - plus we offer quarterly Ask Me Anything calls where you can bring real trademark questions that I'll answer in a group setting. Looking for something more? We offer 1:1 coaching available exclusively to Masterclass attorneys for an additional fee.

Masterclass attorneys have a lot of access to me. That's by design.

Because the Masterclass itself is already unlike anything else out there: the Masterclass is a unique, comprehensive training program that teaches you how to actually practice trademark law, complete with 70+ templates, live Q&A calls, and a community of attorneys to support your learning. It's designed to compress years of hard-won experience into one program, so you can show up for your clients with the confidence and judgment of a seasoned trademark attorney.

Mentorship included.

You can preview the Masterclass for FREE anytime. Link in bio.

Myth: An Office Action means something went wrong in your client's trademark application.

WRONG! It means you are a bona fide trademark practitioner.

Most applications receive at least one.

The difference isn’t whether you get one.
It’s how you respond.

Experienced trademark lawyers:
🔹 build persuasive arguments
🔹supported with evidence and case cites
🔹know what to concede and what to fight

Phone in your Responses and you'll lose registrations for your clients that could have easily been saved.

Panic, and you won’t fare much better.

Do you have the proper tools to navigate this process? It's a learned skill.

If you're a U.S. attorney struggling with how to respond to Office Actions, Trademarkabilities can help. We have a 4-hour course that will take you through the various kinds of Office Actions and 50+ templates to help you draft successful responses.

👉 Enroll now. Link in Bio.

There’s a moment most attorneys don’t talk about when they take on trademark work:

That quiet thought of…
“Am I missing something here?”

Because the issue isn’t understanding the rules.

It’s applying them:
🔹in real client conversations
🔹with incomplete information
🔹where the right answer is often… “it depends”

That’s not something you pick up in a one-hour CLE.

It comes from experience. Pattern recognition. Judgment.

After 20+ years, I’ve learned where attorneys struggle - and it’s rarely where they expect.

So I pulled together a short guide with the things I wish someone had told me early on.

No theory. Just real practice.

Download the guide. Link in bio.