Know before you file — and file with a strategy
Clearance Analysis
Similar marks in your class and adjacent classes. Likelihood-of-confusion analysis using the 13 DuPont factors — the exact framework USPTO examiners use to evaluate your application.
Distinctiveness Rating
Fanciful > Arbitrary > Suggestive > Descriptive > Generic. Your mark's position on the spectrum determines how easily it registers and how strongly it can be enforced. Critical to know before investing in a brand.
Class Strategy
International Class recommendations (1-45) for your goods/services. Over-filing wastes money; under-filing leaves protection gaps. Optimal class selection mapped to your actual use.
USPTO Filing Roadmap
§1(a) use-in-commerce vs. §1(b) intent-to-use — which to file and when. Timeline from application to registration, examination phases, response deadlines, and total cost estimate.
Conflict Resolution Strategy
If similar marks exist: differentiation strategies, co-existence agreement framing, consent agreement approach, and likelihood-of-success assessment for each path forward.
Protection Gap Analysis
Federal trademark vs. state trademark vs. common law rights vs. trade name — what you're already protected by, and exactly what federal registration adds to your position.
TRUSTED BY EARLY USERS · ★★★★★ AVERAGE
Found a confusingly similar mark in Class 35 before spending $20,000 on brand development. Pivoted the name early.
The class strategy was exactly what my attorney later confirmed. Saved $800 in attorney consult time and filed with confidence.
Fanciful mark with no conflicts in my class. Clear path to registration with the exact filing strategy I needed.
Know before you invest in the brand.
Scout
Clearance analysis and distinctiveness rating.
- Similar marks inventory (primary class)
- Distinctiveness spectrum rating
- Likelihood-of-confusion assessment
- Top 3 filing risks identified
30-day money-back guarantee
Full Strategy
Complete USPTO path with class strategy, filing roadmap, and conflict resolution.
- Everything in Scout
- Adjacent class analysis
- Optimal class selection (up to 5 classes)
- §1(a) vs. §1(b) filing recommendation
- Full filing timeline and cost estimate
- Conflict resolution strategy if conflicts found
- Mark strength optimization recommendations
- Federal vs. common law protection comparison
30-day money-back guarantee