Trademarking & Online Business, a 2 year journey!

Mar 30, 2021

The trademark journey for online entrepreneurs is still clearly in its baby years. 

 

As I embarked on this now two-year journey (yes, two years of trademarking), I quickly realized there wasn't much directional advice on the online community. Not even from my mentors or biz friends, the information was always “exclusive,” like attaining press or launches.

All I knew was, I needed an attorney, but even then, frustrations heightened because, unfortunately, my experience with my initial attorney still did not provide me any relief or clarity.

Just so you know, trademarks are used to protect commercial names, phrases, and logos.

  • For example, a quote can be trademarked if it is a part of your branding and/or service.
    • Guava Girl is displayed on my multiple platforms & products.
  • If it is not thoroughly used as a part of your brand, it cannot be trademarked.
    • Incorporation over time is key

 

Trademarking and copyrighting can be a large investment, maybe larger than you are able to commit to right now. If this is the case, then common law (and this blog post) is your friend. 

Essentially with the first attorney, he did not want to work with me in the manner I needed, he wanted to swap my beloved “Guava” with another fruit (“What about Pineapple Girl?” Like huh? No). He did not understand, and I obviously would not budge. I did not want to accommodate and it brought up old feelings of not being understood, I wanted options, I wanted to be worked with.

 

Don’t get me wrong, sacrificing, I understood the complexity of what I was asking for, but I had this little inner voice telling me that, “when there's a will there's a way,” and “y lo que es para ti nadie te lo quita (what is for you no one will take).” 

 

But as self-proclaimed CEO’s this is something we will all encounter, our plans will not unfold as smoothly as we may wish they would but this doesn’t necessarily mean that we should settle.  

 

My team and I began to strategize what would be the best approach to accomplish my initial goal before seeking another attorney. I’m super grateful for the members who helped me in this process. It was extremely time-consuming on top of running my business full-time. After we curated several proposals (yes, several), we managed to craft several options that could hopefully allow us to proceed with the desired name, without having to sacrifice the notoriety of my company’s name. The irony of it all was the proposals were simple adjustments. 

 

Once again, I presented a new approach to a specialized attorney, and finally, the first step of this trademark journey had managed to commence.

 

You may have to go through a few trial-errors, accommodations, and frustrations before you are ready to file, which I have now completed.

 

Now, I am patiently waiting on my trademark to be finalized, and I can't wait to share it with you all and the world. 



But where did we mess up? Well, our issue was due to classification, not essentially the name of the brand. We found a classification that would allow us to proceed with our desired name, without having to sacrifice the notoriety of my company's name. 



Step by Step of what happened of what actually happened over the course of my trademark journey - 



In May 2020, I chose to embark on my own personal trademark journey and had my first attorney-client relationship in trying to get “Guava Girl” filed. 

 

My initial attorney explained to me that his initial USPTO(The United States Patent and Trademark Office) search brought back conflictual issues due to the “class” I had chosen for the description of the goods/services for my brand.

 

More specifically, someone was already using the term Guava in the same category/class, I was choosing to have mine filed in, and therefore, it would most likely be grounds for a foreseeable rejection. 

 

But before moving forward, let me very briefly explain what a “class” is in trademarking. 

 

It is essentially, by your own judgment, what you would deem as an appropriate explanation of the types of services and or products you offer to the general public. These classes tend to offer several different services, and your brand doesn’t need to fit them all; one to three descriptive words that you feel align most with your company. 

 

The following example has been provided below.

Class 041: Educational services, namely, providing on-line classes, seminars, programs, workshops, and forums in the fields of {business, entrepreneurship, personal development and life} and distribution of course materials in connection therewith in printed or electronic format.

Feeling disappointed, I deserted the idea of the trademark for a few months but then reconvened in the new year. It took months but we discovered a newly incorporated element in our classification “digital.” 

 

Therefore, I hit the ground running and contracted a new firm (this time I chose locally). I invested in the most inclusive package the firm had to offer, simply because I wanted things to move smoothly, quickly and without interruptions due to the time-consuming nature of having the trademark filed. It was a big expense at the time but a few months and later, I’m breathing again.

 

The plan I chose was the 'Gold Trademark Plan', and its initial value was $6,500 but I managed to snag the deal for $3,374 and paid for it in full. Listed below are what my plan includes, 

  • Own two trademarks in all 50 states
  • 1-Hour Legal Consultation with an experienced licensed Trademark Attorney
  • Comprehensive Name Search (state, federal and common law search) 
  • Name Search Written Legal Opinion & Attorney Analysis
  • Digitalization of Specimen
  • Attorney Prepared Trademark Application & Filing
  • 24/7 Application Monitoring 
  • Unlimited responses to Office Actions 
  • Includes one international class

The price value of my trademark plan was at a higher ticket simply because I chose to trademark (2) associated names with my brand rather than one. Even more so, I chose the plan because it granted me the liberty to have a hands-off approach to ensure no time was being taken from the prosperity of my business. 

 

The newly calculated plan my team had formulated had passed the initial barriers we had experienced, my attorney has handled every step since our initial meeting, and now my trademark on its way to being filed by the end of the year!

I'm extremely grateful for the Guava Girl community and I am going to dance naked in the streets when we make it official. 



🎀 Want to get Guava Empowered? 

I’m looking for business owners who are ready for a huge transformation with high-touch support in my new 6-week private mentorship program CEO SPRINT. This program will enroll throughout the Spring & Summer ☀️  

Start dates of the CEO Sprint Summer Program: 

March 29th (filled), April 5th (open), April 12th (open), April 26th (filled)


Are you interested in enrolling in this private mentorship or another Guava program? Please go ahead and book a free 20-minute doodle date with Isabella. It's time to get the support you need as a CEO! 


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