Intake Form: Meeting With an Attorney to Trademark a Business Name
Whenever you meet with an attorney for the first time, regardless of the practice area, you will either fill out an intake form or be asked questions as part of the intake process. Basically, this is how law offices gather all of the pertinent information about you and your legal issue, starting with your name and contact information. If you are meeting an attorney for the first time to discuss a trademark issue, he or she also will 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 form will help you collect the information you need to present to your attorney in order to trademark or service mark your business name.
Telephone: ______________ Fax: ______________
Mobile ______________ E-mail: _______________
Business' legal status:
_____ Corporation (type:_____________________ )
If business is a partnership:
Name of each general partner:
If business is a corporation:
State of incorporation:
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?
In what manner will the mark be used on or in connection with goods or services?
On labels attached to goods?
In advertisements for services?
In interstate commerce?
In commerce between United States and specified foreign country or countries?
What is the class number(s) of the goods or services you will use the mark in connection with?
Dates of Mark's Use
If mark hasbeen used in commerce:
When was the mark first used in commerce?
Whenwas the mark last used in commerce, if not currently in use?
What facts evidence your bona fide, good-faith intent to use mark in commerce?
When do you plan to use mark in commerce?
Other Uses of Mark
Will any other entity be using mark? ________
What is the entity's name and owners:
What is the entity's address and telephone number?
Does this entity control your business, or does your business control the entity, with regard to 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 time period of nonuse?
Describe conditions of nonuse?
Reason for nonuse?
Has there or will there be an assignment of the mark? ________
Has the mark been denied registration previously? ________
What is the date of the denial?
What were the reasons for denial?
Has registration of the mark ever been formally opposed? ________
In what type of proceeding (opposition, petition to cancel 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 reason for opposition?
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 that he or she has been or would be damaged by registration of the mark, such as a competitor using a similar mark? ________
What is the name and address of that person or entity?
Has this person ever filed or threatened to file a petition to cancel registration? ________
Has concurrent registration of the mark been previously allowed? ________
What was the date of previous registration?
Is the registration still in effect? ________
Who is the owner of other concurrently registered mark?
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 (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 mark on the basis of intent to use?________
What is the date the application was filed?
What is the date the notice of allowance was issued?
Which particular goods and/or services has the mark been used on or in connection with 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?
_____ Steps to acquire distributors?
_____ Steps to obtain required governmental approval.?
_____ Other, similar activities (describe)
Have you previously requested and received extension(s) of time in which to file statement of use? ________
If so, when?
Find a Trademark Law Attorney Today
If you've made it this far, you're likely interested in meeting with an attorney in order to protect your company's valuable mark or marks. Check FindLaw's directory of highly qualified trademark attorneys to find one near you.
See FindLaw's Hiring a Business Lawyer section for more helpful information about working with an attorney.