Intake Form: Meeting With an Attorney to Trademark a Business Name
By Taylar-Simone McCants, J.D. | Legally reviewed by Amber Sheppard, Esq. | Last reviewed May 22, 2024
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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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