Disclaimer : ~ Until there is a written Attorney Client Engagement Agreement between you and the law firm, you should not share confidential information with the law office. ~
That said, when your federal registration trademark application is prepared, it will contain the information below.
Therefore, in preparation either before or after you initially contact the law firm you may: (a) take this list of questions; (b) copy and paste them into another document, or print out the web page; (c) prepare your answers; and (d) then your answers can be used by the law firm to prepare your federal registration trademark application.
As another option, the law firm can go through the questions with you line by line, and prepare your federal registration trademark application for you.
A. Information about the owner of the trademark.
1. Name of the owner of the trademark: (For names of individuals give: First Name, Middle Name, Last Name)
2. Has the owner now or in the past used a different name than above, such as: DBA (doing business as); AKA (also known as); TA (trading as); or Formerly? (Y/N) If yes, give the other name used.
3. The owner of the trademark is a: (place an X next to the appropriate selection) and fill out the related information
a. Individual: ( ) What is their country of citizenship?
b. Corporation: ( ) What is the state of incorporation?
c. Limited Liability Company (LLC): ( ) What is the state where legally organized?
- Partnership: ( )
- Limited Partnership (LP): ( )
- Joint Venture: ( )
- Sole Proprietorship: ( )
- Trust: ( )
- Estate: ( )
- Other: ( ) (Describe)
Answer the following if any of entities from section (d) above are checked:
i. What is the state where legally organized?
ii. List the names of Partners or Members and country of citizenship.
4. Owner Information:
v. Zip/Postal Code:
c. Email Address:
B. Description of the trademark.
1. Give a description of the trademark. Enter the words, if any. Describe the graphics, if any.
2. Is the trademark words only? (Y/N)
3. Will the style of the font used for words be protected as part of the trademark? (Y/N)
4. Are there any graphics in the trademark? (Y/N)
C. Description of the use of the trademark.
1. Has the trademark been used? (Y/N)
2. Describe how the trademark was used. Include all uses. Include details.
3. Do you plan to use the trademark in a way other than what is described above? (Y/N) If yes, explain how you plan to use the mark.
4. On what date was the trademark first used anywhere? (MM/DD/YYYY – if the exact day cannot be remembered, give a month and year, or just a year)
a. Describe the first use anywhere.
5. On what date was the trademark first used in commerce, meaning goods or services with the trademark were advertised, transported, or sold? (MM/DD/YYYY – if the exact day cannot be remembered, give a month and year, or just a year)
a. Describe the first use in commerce.
6. Name 3 to 5 competitors that are using their trademark in the same way you are using your trademark.
D. Evidence of use of the trademark.
1. Attach a document to this form which shows a use of the mark. (Example: a print out of a website with the trademark, a picture of the label for a product with the trademark, etc.)
2. Describe the attachment showing the use.
E. Other questions about the trademark.
1. Are you the only person/entity using this trademark? (Y/N) If no, describe the use by the other person/entity.
2. Does the trademark include any non-English words or characters? (Y/N) If yes, give a translation or phonetic English pronunciation of the characters.
3. Are you claiming a previous registration for the same trademark? (Y/N)
4. Are you using a name, portrait, likeness, or signature of a person who is living? (Y/N) If yes, give a description of their consent and attach documentation.
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