Tonia Fisher · IP Attorney + Founder

Brand Protection Assessment

Nine questions. Honest answers. A clear picture of where you stand — and a personalized PDF report to take with you.

Question 1 of 9
Trademark foundation
Question 1
Is your business name registered as a federal trademark with the USPTO?
Not state-registered — federal registration at USPTO.gov.
Yes — registered and active
Application filed, pending approval
Not registered, but I use the ™ symbol
No registration and I'm not sure where to start
Logo + visual marks
Question 2
Is your logo registered as a federal trademark?
Logo registration is separate from your name registration.
Yes — registered and active
Application filed, pending
Not registered — same logo for over a year though
No registration and my logo has changed recently
Trade dress + visual identity
Question 3
How consistent is your visual identity across all platforms and touchpoints?
Website, social, physical space, packaging, email — do they all look like the same brand?
Completely consistent — same colors, fonts, and aesthetic everywhere
Mostly consistent with a few gaps
Somewhat consistent — I'm still refining
Inconsistent — looks different depending on where you find me
Documentation + evidence
Question 4
Do you have dated evidence of when you first publicly used your current visual identity?
Early social posts, launch emails, website screenshots with dates, original photo file dates.
Yes — organized and saved, ready to use if needed
Some of it exists but it's not organized
I haven't thought about this before
No — I've changed platforms and don't have the early records
Brand inventory
Question 5
Have you ever documented a complete inventory of your brand's visual elements?
Specific hex codes, font names, distinctive design elements, and what makes your brand recognizable.
Yes — I have a brand guide with all of this
Partially — I know my colors and fonts but haven't formally documented them
Not really — it's more intuitive than documented
No — I wouldn't know where to start
Clearance + competitive awareness
Question 6
Have you run a trademark clearance search before launching a brand name, product, or program?
A real clearance search goes deeper than a Google search or basic USPTO keyword check.
Yes — had a professional clearance search done
I searched USPTO.gov myself before launching
I did a Google search to see if it was taken
I didn't search — I just launched
Monitoring + protection
Question 7
Are you actively monitoring for competitors who may be copying your brand?
Google alerts, social listening, periodic searches for your name and visual style.
Yes — I have a system and check regularly
Occasionally — I check when something feels off
Not really — I rely on my community to flag things
No — I don't have any monitoring in place
Contracts + agreements
Question 8
Do your contracts with collaborators or contractors address IP ownership?
Who owns work created for your brand? Is that clearly documented in writing?
Yes — all contracts include IP assignment or work-for-hire language
Some do, but not all
I use contracts but haven't thought about the IP language
I work without formal contracts or haven't addressed this
Next steps
Question 9
Where are you in thinking about brand protection right now?
This helps tailor your results to where you actually are, not where you think you should be.
Actively working on it — I have an IP attorney or am scheduling one
It's on my list — I know I need to do this
Just starting to understand what protection even means
I've been putting it off — not sure where to start