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Intake Form: Meeting With an Attorney to Trademark a Business Name

As a new client meeting with an attorney for the first time, regardless of the practice area, you will either fill out a client intake form or answer questions as part of the client intake process. This first meeting is a consultation. An initial consultation is how law offices gather all the critical information about you as a potential client and your legal issue, starting with your contact information. Most attorneys will have an online form for small businesses, business owners, or startups that need legal services to fill out. These forms help streamline the workflow of their legal services.

As a prospective client meeting with an attorney for the first time to discuss a trademark issue, they will also want to know about your company's mark, how long it has been in use (if at all), and other information specific to trademarks. This template will help you collect the information you need to present to your attorney to trademark or service mark your business name.

Legal Client Intake Form Template

This form will help you collect the information you need to present to your attorney in order to trademark or service mark your business name.

Client Information (Individual)

Client Name: _____________________________________________________

Pronouns: _____________________________________________________

Position: _____________________________________________________

Address: _____________________________________________________

Phone Number: _____________________________________________________

Email: _____________________________________________________

Website: _____________________________________________________

Entity Information, if applicable:

Business's legal status:

_____ Individual/ Sole Proprietorship (If yes, may need to provide Social Security number)

_____ Partnership

_____ Corporation (Type of corporation: S-Corp, C-Corp, Nonprofit, LLC)

If the business is a partnership, the name of each general partner: ______________________

If the business is a corporation, name the state of incorporation: ________________________

If it is an LLC, what state is the LLC filed under? ______________

Type of Business? ____________________

Business EIN? _______________________

Business mailing address: ____________________________________________________________

Business email: _________________________________________________________

Trademark Questionnaire

Are you filing for the trademark as an individual, partnership, or business entity? ______________

Please describe the composition of your Mark.

—— Words only (i.e., “Nike")

—— Image only (i.e., swoosh symbol)

—— Combination words/images (i.e., "Nike" and swoosh symbol)

Description of Use of Mark

What goods will the mark be used on or in connection with? The goods should be identified in clear and precise language, e.g., "computer programs for use by accountants" or "retail food store services." _____________________________________________________

What services will the mark be used in connection with? _____________________________________________________

How will the mark be used on or in connection with goods or services? _____________________________________________________

On labels attached to goods? _____________________________________________________

In advertisements for services? _____________________________________________________

Other (describe)? _____________________________________________________

In interstate commerce? Do you use this outside of the state you are incorporated in? _____________________________________________________

In commerce between the United States and specified foreign countries? _____________________________________________________

Will you need your mark protected internationally? _____________________________________________________

What is the "NICE Classification" (NCL) class number(s) of the goods or services you will use the mark in connection with? _____________________________________________________

Does the mark include a living person's name or likeness? If so, do you have their permission to use their name or likeness? _____________________________________________________

Dates of Mark's Use:

When was the mark first used in commerce? _____________________________________________________

If your mark was first used on social media, find the direct URL and screenshot of that first usage. You will need to provide this to the USPTO eventually. _____________________________________________________

When was the mark last used in commerce, if not currently in use? _____________________________________________________

What facts evidence your bona fide, good-faith intent to use the mark in commerce? _____________________________________________________

When do you plan to use the mark in commerce? _____________________________________________________

Other Users of Mark

Will any other entity be using the mark? If so, please name the entity or owner: _____________________________________________________

What is the entity's address and telephone number? _____________________________________________________

Does this entity control your business, or does your business control the entity concerning the nature or quality of goods or services in connection with which the mark is or will be used? _____________________________________________________

Has the mark ever been used and discontinued? ________

What were the dates and periods of nonuse? _____________________________________________________

What was the reason for nonuse? _____________________________________________________

Has the mark been denied registration previously? If yes, please explain: _____________________________________________________

What is the date of the denial? _____________________________________________________

What were the reasons for denial? _____________________________________________________

Has registration of the mark ever been formally opposed? If yes, please explain: _____________________________________________________

In what type of proceeding (opposition, petition to cancel the registration, interference, or judicial proceeding)? _____________________________________________________

What was the date of the previous application(s)? _____________________________________________________

What is the name and address of the opposing person or entity? _____________________________________________________

What was the disposition of the proceeding? _____________________________________________________

What is the possibility of further future opposition? _____________________________________________________

Are you aware of any other person or entity who believes they have been or would be damaged by the mark's registration, such as a competitor using a similar mark? If yes, explain: _____________________________________________________

What is the name and address of that person or entity? _____________________________________________________

Has this person ever filed or threatened to file a petition to cancel a registration? _____________________________________________________

Has concurrent registration of the mark been previously allowed? _____________________________________________________

If yes:

What was the date of previous registration? _____________________________________________________

Is the registration still in effect? ________

Who is the owner of other concurrently registered marks? _____________________________________________________

Is the mark now, or has it ever been registered on the supplemental register? ________

What is the date of registration? _____________________________________________________

What was the basis for registration, e.g., distinguishing goods or services in commerce for one year or distinguishing goods or services in commerce and foreign protection required for mark? _____________________________________________________

Have you already applied for federal registration of the mark based on intent to use?________

What is the date the application was filed? _____________________________________________________

What is the date the notice of allowance was issued? _____________________________________________________

Which goods and services has the mark been used on or connected to in commerce? _____________________________________________________

What kind of ongoing efforts have you made to use the mark in commerce:

_____ Product or service research or development?

_____ Market research?

_____ Manufacturing activities?

_____ Promotional activities? (social media, advertisements, vendor booths)

_____ Steps to acquire distributors?

_____ Steps to obtain required governmental approval?

_____ Other similar activities (describe)

Have you previously requested and received an extension(s) of time to file a statement of use? If so, when? _____________________________________________________

Find a Trademark Law Attorney Today

If you've made it this far, you're likely interested in going through the client onboarding process and meeting with an attorney to protect your company's valuable mark or marks. Hiring a business law attorney does not have to be overwhelming when you know what questions to expect. You can browse a directory of trademark attorneys to find one near you to help you protect your business.

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