Trademarks



Trademark Application Request 

To hire us for your USA trademark application:
Step 1: Email the trademark questionnaire to law@clemcheng.com and we will look at the trademark and run a conflict check.  Form submission does not hire the firm. 

1.    Trademark Applying For (Word Mark/Standard Character Mark)


2.    Is the trademark a Logo, Word mark only, or a combination of logo and Word Mark


3a.    Will the mark be used to provide goods?


3b.    Will the mark be used to provide services?


4a.    What products does the company intend to provide using the mark?


4b.    What services does the company intend to provide using the mark?


4c.    What products has the company provided in the US using the mark?

       
4d.    What products has the company provided outside of the US?

5.    Has the company sold the product or service yet?


6.    Since when has the company provided the product/service


7.    Who will own the mark?  What is the citizenship of the owner?


8.    What is the permanent address and contact information for the owner?


9.    Do you have tags, labels as used in commerce? Brochures, photographs, and advertisement.

    
10.    Is there a Website that shows usuage of the mark?

11.    Who is the designated client contact for this matter?







DIY FAQ

Some people like to represent themselves.  We have assisted self represented applicants (pro per) at the USPTO as well as self represented litigants. 

Question: Can I file a trademark application on my own?

Yes.  It is not legally required to hire an attorney or a paralegal service. 

Question: Should I file a trademark application on my own?

If you have the money, you should hire an attorney.  Odds of success are generally much lower without an attorney.  Self represented applicants have difficulty dealing with office actions sometimes.  Self represented applicants tend to make more mistakes, some that cannot be fixed later.  Sometimes the initial filing has fatal defects that cannot be cured later and are detrimental to the rights of the self represented applicant.  

Question: What do I do if I'm really broke and I can't afford an attorney, but I need to file an application? 

Someone with no funds to hire an attorney should avoid paralegal services and go straight to the USPTO Trademark Information News Channel which has made paralegal services obsolete. 
http://www.youtube.com/user/usptovideo
Most paralegal services like LegalZoom assist in initial application, not responding with legal arguments to office actions.  
If a difficult office action is received, you will probably need to hire an attorney at that time, or carefully study the Manual of Trademark Examining Procedure (TMEP) and the applicable Code of Federal Regulations also available at the United States Patent and Trademark Office. 

Question: Can I represent myself in federal court?

Yes. You can represent yourself in court, however you cannot represent your corporation in court unless you are an attorney registered to practice in the state in which the action is pending.

Question: Can I represent myself for a patent application?

Legally speaking, an inventor is allowed to represent themselves for a utility patent application, but it is unwise to do so given the highly technical nature of the process. 

An inventor experienced in patents might be able to file and prosecute successfully a design patent or file a provisional application.  However, there are risks in doing so.