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DGW - File A Trademark

Congratulations on your decision to move forward with registering your Trademark. We are confident that you will find our online application process easy to use, and be assured that your application will be submitted by actual intellectual property attorneys who can and will be there for you in the future to assist with the registration process, as the need arises.  

Please note that those entry forms with asterisks next to them represent required information—your application will be incomplete and cannot be submitted without such information.  Move from field to field using the TAB key.



1. Owner of Mark:
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Enter the full, exact name of the Applicant, ie. the name of the individual, corporation,
partnership, or other entity that owns the mark, not the person or firm completing the application.
If the applicant is and individual, please list as LAST NAME, FIRST NAME, MIDDLE INITIAL/NAME; e.g, Smith, John A.

2. Contact Person:*
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(Leave blank if same as owner of mark, for individual applicants as opposed to entities.)

3. Contact Person Email:*
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4. Applicant's Street Address:*
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5. Applicant's City:*
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6. Applicant's State (Required for US Applicants):*
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7. Applicant's Zip Code (Required for US Applicants Only):*
(5 digits) [Help]

8. Trademark Owner:* [Help]


9. Applicant's Phone Number: (10 Char. max)
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10. Applicant's Fax Number: (10 Char. max)
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Applicant Information (If Applicant is an Individual):
11. Applicant's Citizenship:*
(Type Country where Applicant is a citizen)
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Applicant Information (If Applicant is a Business):
12. Business Type: [Help]
(Only select this if the owner of the mark is an entity)
If applicable, indicate the applicant's entity by clicking on the correct selection in the
drop down menu immediately above (i.e. "Corporation," "partnership," etc.)


13. State of Registration, Incorporation or Formation: [Help]
14. State or Country where Entity is Incorporated:
(foreign entities only)
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15.Terms and Conditions of Representation by US Trademark Group:*

US Trademark Group Representation Agreement. We are pleased to welcome you (hereinafter referred to as “You” or “Client”) as a new client of Dunlap, Grubb & Weaver, PLLC. Our firm will be providing you legal services in connection with the preparation and filing of your trademark application with the USPTO, and any additional services requested by you and accepted by us under this Agreement. We apologize for the length and complexity of this Representation Agreement, which comprises our firm's Representation Agreement, however, the Virginia Rules of Professional Conduct are quite explicit concerning what information must be contained in these Agreements, and we have found that the more that is disclosed before work is actually begun, the fewer questions and problems are likely to arise later because of billing inquiries. This Agreement formally will set forth the terms and conditions pursuant to which we will act as your attorneys, and will define several aspects of the relationship between us and you, so that you will clearly understand the relationship and the scope of our representation. We look forward to a mutually beneficial relationship, and if at any time you have any question, comment, or require any additional information, please do not hesitate to contact me directly. In the event you ask us to file additional trademark applications on your behalf, such work will be governed by the same terms and conditions as this Agreement, and this Agreement shall apply to all such work.

1. IDENTIFICATION OF PARTIES. This Agreement is made between Dunlap, Grubb & Weaver, PLLC hereinafter referred to as “Attorney” and you herein referred to as “Client.” By clicking the “I Accept” button below, you consent to the terms of this Agreement.

2. LEGAL SERVICES TO BE PROVIDED. The legal services to be provided by Attorney to Client are listed in the first paragraph of this agreement. Attorney may agree to provide additional legal services requested by client besides trademark application filing, as referenced herein. In addition, even after the normal conclusion of services, including but not limited to intellectual property prosecution projects, if Attorney ever is called upon by client to perform additional services, including being deposed about the matters that were the subject of the representation, Client agrees to pay Attorney (or the lawyer's then-current employer) the then-applicable hourly rates for the applicable lawyer's time, including preparation time. Client acknowledges that, for the filing of trademark, patent, or copyright applications, the fees only cover the filing of the application and not work on subsequent office actions or appeals. All additional services are at an additional charge.  Client understands and agrees that it may take Attorney up to three (3) weeks to file Client's trademark application, and in certain extreme circumstances, longer.  Client waives any and all damages, claims or consequences resulting from such delay, and expressly agrees that such timeframe is acceptable.

3. LEGAL SERVICES SPECIFICALLY EXCLUDED. If Client desires Attorney to provide any legal services not to be provided under this Agreement, a separate agreement between Attorney and Client may be required by Attorney. Absent execution of a new contract in writing, this contract will govern all future services Attorney may perform for Client.

4. RESPONSIBILITIES OF ATTORNEY AND CLIENT. Attorney will perform the legal services called for under this Agreement, keep Client informed of progress and developments, and respond promptly to Client's inquiries and communications. Client will cooperate with Attorney, attend all meetings, arbitrations, mediations or court events as requested, provide necessary declarations, promptly pay all fees and costs, and keep Attorney informed of client’s whereabouts and current street address, telephone number(s), fax number, and e-mail address at all times.

5. RETAINER AMOUNT. An advance deposit against anticipated legal services in the amount of U.S. $365.00 (Three Hundred Sixty-Five Dollars) has been agreed to by the Parties and is to be paid before representation commences and any legal services are to be provided, in addition to trademark filing fees of $275 per class (or $325 per class, in some instances where a free form application is required). This amount covers the costs of preparing a US Trademark Application and is due and payable upon the review of your information, whether or not an application is ultimately filed. By submitting your credit card information you consent to Dunlap, Grubb & Weaver, PLLC charging your credit card the amount of $365.00 as legal fees, plus USPTO filing fees of $275 per class (or $325 per class where the free form application is required). In the event you are filing an “intent to use" application, you will be required to file a Statement of Use at a later date to show use in commerce before the mark is eligible for registration. Our legal fees to file the statement of use on your behalf are $250.00, and there is a filing fee of $100 assessed by the USPTO. These fees and costs are not included in the initial flat rate you are paying for the submission of your “Intent to Use” application.

6. ADDITIONAL FEES FOR OTHER WORK. Any additional fees billed to Client for work besides the preparation and filing of the trademark application that may be requested by client reflect Attorney’s judgment of the fair value of those legal services reasonably required. Time will be accounted for in tenths of an hour (6-minute increments) and fees are calculated by applying hourly rates assigned to attorneys and other staff. Certain tasks are billed on a flat fee basis when agreed upon in advance or when listed on Attorneys' schedule of standard charges, available upon request. Fees and expenses will be billed monthly and are due upon receipt. Any bills that are not paid within 45 days from our mailing may be subject to a late charge equal to the lesser of 1% per month on the unpaid balance or the maximum rate permitted by law. Any disputed charges must be brought to the Attorney’s attention within 45-days of mailing of the invoice; otherwise, all such charges shall be assumed accepted by Client. Any additional work to be performed by Attorney (such as office actions, oppositions, etc.) as requested by client shall be billed at the following discounted hourly rates, after Attorney has filed a trademark application on behalf of client: Attorneys $350.00 Paralegals $95.00 If a credit card is provided for payment of legal fees, Client’s signature below serves as consent to the credit card being drawn upon for the above Advance Deposit and future Fees incurred, per this agreement. Client consents that billing shall be on-going and any future unpaid bills are authorized to be charged to Client’s credit card.

7. COSTS AND EXPENSES. Government fees are in addition to the above-described fee of $365 for the preparation and submission of the trademark application. The US Government charges $275 or $325 per international class for trademark application filings, as set forth above in Section 5. Additional fees may be incurred throughout the application process. Client is responsible for all costs and expenses incurred by Attorney in this representation. Attorney may advance any or all of these costs and expenses on behalf of Client, as deemed appropriate. If Attorney advances these costs and expenses, Client will remain ultimately liable for all such costs and expenses, and Client hereby agrees to reimburse Attorney regardless of the outcome of this matter. All costs and expenses will be charged at Attorney's actual cost or at the applicable IRS approved rate.

8. REPRESENTATION OF ADVERSE INTERESTS. Client is informed that the Rules of Professional Conduct of the State Bar of Virginia require that before an attorney may begin or continue to represent the client when the attorney has or had a relationship with another party interested in the subject matter of the attorney's proposed representation of the client, that the attorney inform the client in writing of the relevant circumstances and of the actual and reasonably foreseeable adverse consequences to the client. Client is further informed that the Rules require that, before an attorney may represent a party who has, in a separate matter, an interest adverse to that of Attorney’s client in the separate matter, Attorney obtain the informed written consent of both parties. Attorney is not aware of any relationship it has with any other party interested in the subject matter of Attorney's services for Client under this Agreement or of any separate matter in which Client has an interest adverse to that of any client of Attorney.

9. ATTORNEY'S LIEN. Client hereby grants Attorney a lien on any and all claims or causes of action that are the subject of Attorney's representation under this Contract, and/or on any form of Intellectual Property owned by Client that is a subject of the Representation. Attorney's lien will be for any unpaid sums for fees and/or costs owing to Attorney at the conclusion of Attorney's services. As applicable, said lien will attach to any recovery Client may obtain, whether by arbitration award, judgment, settlement or otherwise.

10. DISCHARGE OF ATTORNEY. Client may discharge Attorney at any time by written notice effective when received within two days of delivery to Attorney. Unless specifically agreed by Attorney and Client, Attorney will provide no further services and advance no further costs on Client's behalf after receipt of the notice. If Attorney is Client's attorney of record in any proceeding, Client will execute and return a substitution-of-attorney form immediately on its receipt from Attorney. Notwithstanding Attorney’s discharge, Client will be obligated to pay Attorney’s contractual attorney's fees for all services provided and to reimburse Attorney for all costs incurred or advanced by Attorney, before the discharge and incurred in effectuating the discharge, including the costs and fees associated with compiling, reviewing, and returning or forwarding the files.

11. WITHDRAWAL OF ATTORNEY. Attorney may withdraw at any time as permitted under the Rules of Professional Conduct of the State Bar of Virginia. Attorney may also decline representation and refund the fees paid by client, at any time and for any reason, prior to filing a trademark application on behalf of client. The circumstances under which the Rules permit such withdrawal include, but are not limited to Client consent or Client’s conduct rendering it unreasonably difficult for Attorney to carry out the employment effectively. We may withdraw as counsel at any time as permitted under the Rules of Professional Conduct of the State Bar of Virginia. Additionally, we may be required or elect to withdraw if a conflict of interest develops between Client, any other persons and entities and/or Attorney, including any conflict between the interests of Client and Attorney and is not waived or waivable which adversely affects our ability to provide the type of representation we have a duty or should provide to each of our clients, or if the matter requires an expertise which we do not have and it would not be practicable for us to try to develop under the circumstances. Notwithstanding Attorney's withdrawal, Client is obligated to pay Attorney the contractual attorney's fees for all services provided and to reimburse Attorney for all costs incurred or advanced by Attorney before the withdrawal or in the case of an adjudicatory proceeding, through the time when an order allowing the withdrawal is obtained.

12. CONCLUSION OF SERVICES. At the conclusion of Attorney's services, all unpaid charges shall immediately become due and payable.

13. RELEASE OF CLIENT'S PAPERS AND PROPERTY AND POST-REPRESENTATION STORAGE FEES. At the termination of services under this Agreement, Attorney will release promptly to Client, upon Client's written request, all of Client's papers and property. Attorney reserves the right to make a copy of any or all parts of the file(s), if in Attorney's sole discretion, such copy needs to be kept, and Client agrees to pay the reasonable cost for the copying of same. "Client's papers and property" include items reasonably necessary for Client's representation. If Client's papers and property are unclaimed by Client, Client acknowledges that the records will be discarded if unclaimed after seven years.

14. ARBITRATION OF FEE DISPUTE. If a dispute arises between Attorney and Client regarding attorney's fees or costs under this Agreement and Attorney files suit in any court, Client will have the right to stay that suit by timely electing to arbitrate the dispute under Business and Professions Code sections 6200-6204, 6206 in which event Attorney must submit the matter to such non-binding arbitration.

15. ARBITRATION OF FEE DISPUTE OF MALPRACTICE CLAIM WAIVER OF RIGHT TO JURY TRIAL. If a dispute exists between Attorney and Client regarding attorney’s fees or costs due under this Agreement or regarding a claim as to whether any legal services rendered by Attorney under this Agreement or otherwise, were improperly, negligently, or incompetently rendered, or otherwise rendered in breach of a contractual or ethical duty, the dispute will be submitted for arbitration, and Attorney and Client will be bound by the result. Client understands and acknowledges that, by agreeing to binding arbitration, Client waives the right to submit the dispute for determination by a court and thereby also waives the right to a jury trial. Client acknowledges that it has been informed that the grounds for appeal of an arbitration award are very limited compared to a court judgment or jury verdict. It is further agreed and understood that initial resort to the courts by either Party shall not be considered a waiver of that Party’s right to compel binding arbitration under this provision. Arbitration shall be in accordance with American Arbitration Association’s Rules for Commercial Arbitration using a neutral arbitrator from the Attorneys Arbitration Service Company, located in Leesburg, Virginia. Attorney and Client agree that the legal services which are the subject of this Agreement and all payment therefore are to be rendered at Attorney’s law office in Leesburg, Virginia which shall be a proper venue for any legal proceedings hereunder.

16. DISCLAIMER OF GUARANTEE. Although Attorney may offer an opinion about possible results regarding the subject matter of this Agreement, Attorney cannot guarantee any particular result. Client acknowledges that Attorney has made no promises about the outcome, including the costs and expenses of any transaction or litigation, that any budget provided is merely an estimate, and any opinion offered by Attorney in the future will not constitute a guarantee. There is absolutely no guarantee that any trademark application filed by Attorney will result in the registration of the proposed mark, or that the free Preliminary Direct Search will increase the likelihood that the proposed mark will be registered, or that the results will be complete. Client understands and agrees that the free Preliminary Direct Search is ONLY a search to determine if the exact word mark to be registered has already been registered with the USPTO in Client's class of goods or services.  This Preliminary Direct Search DOES NOT include searches of any similar or competing marks, or any logo or design mark.  As such, in the event Client wishes to register a design/logo mark, the Preliminary Direct Search does not apply and will not be conducted.

17. EFFECTIVE DATE OF AGREEMENT. The effective date of this Agreement will be the date on which Client clicks “I Accept” below, provided that Attorney does not thereafter reject the application or terminate this Agreement.

18. OPPORTUNITY TO CONSULT WITH OTHER COUNSEL. You may wish to consult with another attorney before signing below. Your signature will certify that you have either met with another attorney before signing or have chosen not to do so, but yet you understand and appreciate you have the right and have had the opportunity to consult with another attorney, and that you have read and understood each and every provision of this Agreement.

19. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the Parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the Parties.

20. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

21. GENERAL TERMS. Our firm is not responsible for the proper operation of the website(s). All orders must be confirmed by telephone by speaking with the attorney of record. You assume all risks for technical difficulties in placing your order(s) or submitting information over the Internet. We are further not responsible for any problems you experience with this website(s). By executing this letter the Client also grants the Attorney permission to use any individual or corporate name and/or logo (if applicable) in Attorney promotional materials with respect to transactions or other work completed in connection with this matter. All notices shall be in writing by Certified U.S. Mail, Return Receipt Requested to Dunlap, Grubb & Weaver, PLLC, 199 Liberty St, SW, Leesburg, VA 20175.
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Do you Accept:
I Accept the Terms and Conditions of the Representation Agreement set forth above.
I DO NOT accept the Terms and Conditions of the Representation Agreement set forth above.

16. Trademark Type:* [Help]


17. If you selected Word Mark above, please type exact word mark you propose to register:
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18. If you selected Design Mark in Field 16 above, please follow these important directions: Send an email to mail@dglegal.com, attaching the Image files for your mark in JPG or PDF format, and referencing the name of the owner of the mark (exactly as set forth in Section 1 above) in the subject line of the email. Unless you are claiming color as a feature of the mark, you must be able to upload a black-and-white image file. If you would like to claim color as a feature of the mark, please send the image in color. For important Additional Rules, see the instructions at the end of this form. [Help]

19. What kind of goods or services is the proposed mark used to promote? *Type a complete, detailed description of your products and/or services being promoted using the proposed mark in the free-form text box below: [Help]


20. Are you currently using the mark in commerce (Can you provide evidence of use)?:* [Help]

21. If "YES" when did you begin using the mark in commerce?:
(Exact Date)


22. If you are currently using the mark in commerce, please follow these instructions:

You must provide a specimen showing use of the exact mark you are applying for in connection with your class of goods or services. Please email your specimen to mail@dglegal.com, attaching the files showing your mark in use in JPG or PDF format, and referencing the name of the owner of the mark (exactly as set forth in Section 1 above) in the subject line of the email. For additional information about what constitutes an acceptable specimen, see Section 22 of the instructions, below.

Executed As Of:*
Client Signature:*
Title (Entity):*

Client Signature: (For Multiple Applicants only)
Title (Entity):
Payment:
Check (Send to: Dunlap, Grubb & Weaver, 199 Liberty St., SW, Leesburg VA 20175).
Credit Card (Click to proceed to shopping cart after hitting submit).



Application Help/Instructions

1.Owner of Mark: Enter the full name of the Applicant, i.e., the name of the individual, corporation, partnership, or other entity that owns the mark, not the person or firm completing the application. If the applicant is an individual, please list as LAST NAME, FIRST NAME, MIDDLE INITIAL/NAME; e.g., Smith,John A. If a joint venture organized under a particular business name owns the mark, enter that name. If a trust owns the mark, enter the name as "The Trustees of the [specify name] Trust." If an estate owns the mark, enter the name as "The Executors of the [specify name] Estate."

2.Contact Person: Enter the full name of the contact person for your application. If an entity is the owner of the mark, list a duly authorized representative for such entity. Please list as LAST NAME, FIRST NAME, MIDDLE INITIAL/NAME; e.g., Smith, John A. If the owner of the mark is an individual and the contact person is the same individual, please leave this field blank.

3.Contact Person Email: Please list a working email address for the contact person listed under (2), so that we may forward registration confirmation and other correspondence via email.

4.Street Address: Enter the applicant's street address or the rural delivery route where the applicant is located. A P.O. box address is also acceptable.

5.City: Enter the city and/or foreign area designation.

6.State: If a U.S. state, enter that state by clicking on the proper entry in the pull-down box. Otherwise, select the listing "Other" in the pull-down box, and enter the information in the designated box for field number14.

7.Zip Code: Enter the U.S. zip code or foreign country postal identification code.

8.Trademark Owner: From the drop down menu, select whether the applicant is an individual or an entity.

9.Phone Number: Enter a valid 10-digit phone number, no spaces, parentheses or dashes necessary.

10.Fax Number: Enter a valid 10-digit facsimile number, no spaces, parentheses or dashes necessary.

11.Individual Citizenship: Select the country by clicking on the proper entry in the pull-down box. If the country is not listed (because it is not one of our top filers), select the listing "Other" in the pull-down box, and enter the information in the designated box in field number 14. If the applicant is an entity, please select the country in which the entity was formed.

12.Business Type: If the applicant is an entity, select from the pull-down box whether it is registered as a corporation, limited liability company, partnership, limited partnership, joint venture, sole proprietorship, trust, estate or a different form of entity (other).

13.State of Registration, Incorporation or Formation: Corporation: Enter the applicant's state of incorporation (or if the applicant is a foreign corporation, enter the applicant's country of incorporation in field number 14.
Limited Liability Company: Enter the state under whose laws the limited liability company is organized (or if the limited liability company is foreign, enter the country in field number 14.
Partnership: Enter the state under whose laws the partnership is organized (or if the partnership is a foreign partnership, the country) in the appropriate designated field. In the other designated field, enter the name and citizenship of any general partners who are individuals, and/or the names and state or (foreign) country of incorporation of any general partners that are corporations, and/or the names and states or (foreign) countries of organization of any general partners that are themselves partnerships.
Limited Partnership: Enter the state under whose laws the partnership is organized (or if the partnership is a foreign partnership, the country) in the appropriate designated field. In the other designated field, enter only the names and citizenship or state or country of organization or incorporation of the general partners.
Joint Venture: Enter the state under whose laws the joint venture is organized (or if the joint venture is a foreign joint venture, the country) in the appropriate designated field. Enter the name and entity type of each entity participating in the joint venture. In the other designated field, enter the citizenship of those joint venture participants who are individuals, and/or the state or (foreign) country of incorporation of those joint venture participants that are corporations, and/or the state or (foreign) country of organization- and the names and citizenship of the partners- of those joint venture participants that are partnerships.
Sole Proprietorship: Enter the state or country where the sole proprietorship is organized in the appropriate designated field. In the other designated field, enter the name and citizenship of the individual who composes the sole proprietorship.
Trust: Enter the state or country where the trust is organized in the appropriate designated field. In the other designated field, enter the name and citizenship of the individual trustees. Note: The application should be filed in the name of the trustees, not the name of the trust. At the initial "Name" field, the entry should read: "The Trustees of the [specify name] Trust."
Estate: Enter the state or country where the estate is organized in the appropriate designated field. In the other designated field, enter the name and citizenship of the individual executors. Note: The application should be filed in the name of the executors, not the name of the estate. At the initial "Name" field, the entry should read:"The Executors of the [specify name] Estate."
Other Entity Type: Use either the Domestic Entity pull-down box or the Foreign Entity pull-down box to indicate the appropriate entity. If not listed therein, select "OTHER" from the list and then make an entry in the free-form text box in field number

14.State or Country where Incorporated: Foreign entity applicants should enter into the free form text box the State, Country, Province or Territory where their company/entity is incorporated (e.g. where the entity was formed).

15.Trademark Type: A Word Mark is a mark that appears in plain, non-stylized letters, as opposed to a logo or stylized font or letters. Use the “Word Mark” option to register a mark that is comprised of word(s),letter(s), number(s), or any combination thereof, with no design element and when you are not claiming any particular font, style, size, or color, and absent any stylization or design element. Registration of a mark in standard characters will provide broad rights, namely use in any manner of presentation. Select Design Mark if you wish to register a mark that is comprised of stylized word(s), letter(s), and or number(s), and/or a design element. The design may appear by itself, or combined with word(s), letter(s), and/or number(s).You may apply for only one mark in each application; also, each variation of a mark is considered a separate mark. Within one application, you cannot display the mark as a combination of both standard characters and stylized and/or design elements. To claim Standard Characters, you must enter the word(s), letter(s) and/or number(s) you wish to register (e.g., THE CAT'S MEOW). Do not include quotation marks around the mark unless you are actually using, or intend to use, the quotation marks as part of the mark.

16.If you selected “Word mark” in Section 16, please type the exact mark you propose to register, carefully using capitalization and punctuation as you would like it to appear exactly in the registered mark.

17.Additional Rules: Mark images should not include the trademark, service mark or registration symbols (TM, SM,®). Mark images should be submitted with as little white space around the design as possible. Unless a color image is being submitted for a mark wherein color is claimed as a feature of the mark, the mark image should be pure black-and-white, with no gray areas. Do not zip your image files or add any additional compression. JPG files are already compressed.

18.Goods or Services used with Mark: In the free form text box, please provide a comprehensive, detailed description of the goods or services that are or will be used or associated with the mark. Describe every current or proposed use of the mark as thoroughly as possible. For services, describe the services that will be advertised using the mark. For products, describe with specificity the exact products on which the mark will appear (or on its packaging). You description will enable the US Trademark Group to determine under which international class(es) the application should be filed. It is better to file under all classes that may apply, but the filing fee for each class is $275 ($325 for marks registered in a foreign country). In the list boxes, please do your best to determine which International Class would apply to your goods or services. Select only one class per list box. Four (4) boxes are provided, allowing you to select up to four unique classes of products or services. If more than 4 classes apply to your goods or services, please contact our firm and we will discuss additional classes in which to register your mark.

19.Use of Mark: If you are currently using the mark in commerce and can provide evidence of such use, you can file an “in use” or 1(A) application. You must be able to provide the date of first use anywhere and the date of use in commerce that the U.S. Congress may regulate, and a specimen (sample) of said use. Use may be by the applicant, the applicant's related company, or a licensee of the applicant (or, earlier use by a predecessor interest; however, current use must be being made at the time of the application by the applicant, the applicant's related company, or a licensee of applicant).If you are not using the mark in commerce yet, you can still file an “intent to use” or 1(B) application. This will preserve your priority date with respect to the mark, and once you do start using it in commerce, your trademark ownership rights will related back to the date your application is filed. However, if you are filing an“intent to use” application, it will be necessary to file a statement of use in the future, after the examining attorney issues a Notice of Allowance. A Notice of Allowance is usually issued (assuming there are no office actions to contend with) approximately 6 to 8 months after the application is filed. Once the Notice of Allowance issues, you have 6 months to file a Statement of Use and provide the USPTO a specimen that shows use of the mark in commerce, in the class of good or services in which the mark is registered. For products, acceptable specimen are tags, advertisements and pictures of the product featuring the exact mark you registered. For services, the most frequent specimen that are used are screen shots of the applicant's website, showing the mark used to advertised the class of services under which the mark is registered. The US Trademark Group will file your Statement of Use when the time is right for a flat fee of $150.00. The USPTO also charges a filing fee in the amount of $100 to file a Statement of Use.

20.Specimen Instructions for 1(A) Application: You may submit pictures or scanned images of a tag or label for the goods; a container or other packaging for the goods; a display associated with the goods; or a photograph of the goods that shows use of the mark on the goods. Invoices, announcements, order forms, bills of lading, leaflets, brochures, publicity releases, letterhead and business cards generally are NOT acceptable specimens for goods. Attach at least one JPG image file showing the mark as used in commerce on or in connection with any item listed in the description of goods and/or services. This is not the same as the image of your actual mark by itself that was attached in the Mark Information section. Instead, in this section, you must show how you are actually using the mark in commerce. Examples of acceptable service marks specimens are screen shots of a website showing the mark in use to advertise the services within the international class under which you are applying, signs, photographs, brochures or advertisements that show the mark used in the sale or advertising of the services. If the goods and/or services are classified in more than one international class, one specimen must be provided showing the mark used on or in connection with at least one item from each of these classes.

What is the CVV Code? The Card Verification Value code is a 3 or 4 digit code appearing on your credit card. For Visa, Mastercard and Discover, it is the final group of 3 numbers printed on the back signature panel of the card. For American Express cards, it is the 4-digit number appearing on the front side of your card, above your embossed card number and to the right side.




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Disclaimer: The information provided in this site is not legal advice, but general information on legal issues commonly encountered. Dunlap, Grubb & Weaver, PLLC, a law firm based in Washington DC and Virginia is only providing minimal legal assistance as set forth in the Representation Agreement found in each online application. Please note that your access to and use of this website is subject to additional terms and conditions.

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