Q&A

INVINCIBLE INC.® is the one-of-a-kind partnership of creative branding company Banner Day® and intellectual property law firm Vivid IP®. Cofounded by creative director Molly Dickinson and IP attorney Marcy Sperry, INVINCIBLE INC. seamlessly combines creative branding + legal IP protection services in our all-in-one, entrepreneur-friendly packages—all for a single flat fee.

Every Brand New Name Package comes with Our Partnership Promise. This means we'll keep working with you, creatively and legally, until you successfully register a trademark—at no further cost to you (i.e. no added clearance search charges, no extra hourly fees, etc.) So while we can't promise that the name you like first or best will ultimately become your registered mark (that depends on factors outside our control), we do promise to dramatically increase your chances for a successful application and registration, and to help you register a strategically marketable name for your brand. The granting and registering of trademarks is performed by

government entities (i.e., the U.S. Patent & Trademark Office).They will interpret your application and make the decision as to how it will be treated in accordance with IP law. Our goal is to make it as likely as possible that your application will be approved and your mark successfully registered, the first time. On the creative side, our naming process is designed to

generate more unique, original (and highly strategic) names and then vet them through a robust Creative Conflict Review, identifying and eliminating "red flag" names before selecting which name(s) to submit for legal trademark review through Vivid IP. On the legal side, Vivid IP has extensive experience and has created highly effective processes for every step of the trademarking journey to ensure clients get the best possible legal advice and support aimed at reducing their risks of rejection and litigation. When Our Partnership Promise applies, IF the first application attempt doesn't succeed or the selected mark becomes too risky to pursue, we'll repeat our process at no extra cost until an alternative mark is registered. Vivid IP does not cover defenses to oppositions, appeals, or disputes in these services. However, the extensive clearance process is designed to significantly reduce these actions.

The longest part of any naming and trademarking process begins after your application is submitted. According to the USPTO, "The total time for an application to be processed may be anywhere from about a year to several years, depending on the basis for filing and the legal issues that may arise in the examination of the application." You'll find detailed timelines at uspto.gov/ trademarks. Vivid IP will advise you on in-use vs. intent-to-use applications and other decisions regarding when and how to start using your chosen name.

Unless otherwise noted in your agreement, we will give full creative property rights to you for one final, selected name per engagement (the name you ultimately register as your trademark). We treat this name as a product of our work-for-hire that becomes the sole property of the client (you). Creative rights to names beyond your chosen name are available for additional fees; all such names otherwise remain the intellectual property of mdash LLC dba Banner Day. We do not share generative naming lists.

Our individual packages for entrepreneurs start under $6k and stay under $20k. Need expert insight into the marketability and trademarkability of your current brand name—fast? Get our in-depth Clearance Report* on the creative + legal strength of your mark in 7 business days for just $597.

*Creative Clearance Reviewsare conducted to identify risks associated with a given name option (i.e. negative associations, similarity to competitors’/well-known brands, similarity to existing trademarks and/or common law marks, etc.). They may comprise robust internet and domain/URL option availability searches, trademark database searches and reports, etc. Creative Clearance Reviews are performed exclusively by Banner Day's branding experts for research/ informational purposes. They are not performed by Vivid IP or any legal counsel and do not constitute legal services or advice. All Creative Clearance Reviews are optimized for American English. Multilingual Creative Clearance Reviews are available for additional fees. Vivid IP conducts legal trademark clearance searches and/ or reviews as necessary to provide Legal Opinions to our mutual clients.

You can, but you'll forfeit the combined services package discount and pay full price for each engagement. Combining our services not only benefits our clients, it also allows Banner Day and Vivid IP to optimize our investments of time, energy, and the costs of doing business. We'd rather pass on those savings to our clients through our combined packages, but the choice is ultimately yours.

Once contracting is complete, you’ll receive an invoice from INVINCIBLE INC. in the amount of your total package fee, inclusive of any selected add-ons or customizations. This invoice will be due in full prior to your project start date. You can pay securely online via ACH or credit card, or by check delivered to our business address.