Trademark Registration Application Filing

"*" indicates required fields

Please select the type of trademark you would like protected:*

Wordmark

Logo

A combined Logo and Wordmark (Composite Mark)

If logo or combined Logo and Wordmark please upload your logo below:

Accepted file types: jpg, jpeg, Max. file size: 100 MB.

Please write the standard character of your mark or if it Composite Mark, what is the literal element of your logo or design mark:*

Owner Information

Is the owner(s) of the Trademark an Individual or a Business?*

Business

Individual

Business Phone Number*

Business Fax Number

Email Address*

If the owner is a business, please select the type of entity:*

LLC

Partnership

Corporation

Other

Is the Business a:*

Non-Profit

For-Profit

Government Entity

Other

Enter state where entity is registered*

What is the mailing address (you can provide a PO Box address)?*

Mailing Address City State ZIP Code

Enter the complete business name*

Last Name of Owner*

First Name and Middle Name of Owner (If applicable)*

Title (If Applicable)

Email Address*

Owner’s Physical Address (Cannot be a PO Box)*

Physical Address Suite or Apt City State ZIP Code

Is there any other owners?

Yes

Owner #2 Information

Is owner #2 an Individual or a Business?*

Business

Individual

Business Phone Number*

Business Fax Number

Email Address*

If the owner is a business, please select the type of entity*

LLC

Partnership

Corporation

Other

Is the Business a:

Non-Profit

For-Profit

Government Entity

Other

Enter state where entity is registered

What is the mailing address (you can provide a PO Box address)?

Mailing Address City State ZIP Code

Enter the complete business name*

Last Name of Owner*

First Name and Middle Name of Owner (If applicable)*

Title (If Applicable)

Owner’s Physical Address (Cannot be a PO Box)*

Physical Address Suite or Apt City State ZIP Code

Is there any other owners?*

Yes

If you select “yes,” you will be contacted by The Pierre Firm, PLLC.

Additional Information

The description of the goods or services:*

Please note: If it is determined during the consultation that your description of services are in more than one class, an additional government fee may be required.

Website (if applicable)

Are you currently using your Mark?*

Yes

If yes, please upload a specimen that shows examples of your Mark in use The front of your store, Business Card, Website, Advertisement, Amazon or Ebay webprint, etc.

Max. file size: 100 MB.

Please tell me the date you first used the logo or wordmark you want to trademark anywhere. (Date of ﬁrst use of the mark anywhere)*

The date of first use anywhere is the date when the goods were first sold or transported or the services first rendered under the mark, if such use is bona fide and in the ordinary course of trade. See 15 U.S.C. 1127 (definition of "use" within the definition of "abandonment of mark"). For every applicant, whether foreign or domestic, the date of first use of a mark is the date of the first use anywhere, in the United States or elsewhere, regardless of whether the nature of the use was local or national, intrastate or interstate, or of another type.

When did you first use the mark, you want trademarked to advertise your goods or services? (Date of ﬁrst use in commerce)*

The date of ﬁrst use in commerce is the date when the goods were ﬁrst sold or transported, or the services ﬁrst rendered, under the mark in a type of commerce that may be lawfully regulated by Congress, if such use is bona ﬁde and in the ordinary course of trade. See TMEP §901.01 for deﬁnitions of "commerce" and "use in commerce," and TMEP §903.03 regarding types of commerce. A date of ﬁrst use in commerce is not required to receive a ﬁling date in an application based on use in commerce under §1(a) of the Act. If the application does not include a date of ﬁrst use in commerce, the examining attorney will require that the applicant state the date of ﬁrst use in commerce, supported by an afﬁdavit or declaration under 37 C.F.R. 2.20. 37

How did you hear about us?*

Is there any other information about this potential trademark you would like The Pierre Firm PLLC to know? (for example, do you suspect possible infringement?)

Signature*

Engagement Agreement*

I agree to the Engagement Agreement.

1. PARTIES / EFFECTIVE DATE. This Agreement is made between The Pierre Firm PLLC (“Attorney”) and You (“Client”). The effective date shall be the date of the latest signed Engagement Agreement. This Agreement will not be fully-executed unless and until written acceptance is confirmed via email to Client from Attorney.

2. SCOPE OF LEGAL SERVICES PROVIDED. This Engagement Agreement is for the purpose of Client hiring Attorney for the services defined as Trademark Filing (No Search) Service. Trademark Filing (No Search) Service is defined to include the following: The legal services provided by Attorney to Client will include the drafting and filing Client’s trademark application for tone (1) International Class of goods or services paid for by Client, monitoring Client’s trademark application, and responding to any non-substantive Office actions issued by the United States Patent and Trademark Office (“USPTO”) (“Legal Services”). All other services beyond the scope of services just described will incur an additional charge, including, but not limited to, the filing of an amendment to allege use or a statement of use for Section 1(b) intent to use applications. Client is responsible for any Government fees.
3. Intent to Use Applications (If Applicable), client is responsible for all Government Fees charged for additional class filings or Statement of Use (SOU) responses. You understand and agree that if we file your application as an “INTENT TO USE” (IB) application, once the application publication process is complete and allowed, we will file on your behalf a Statement of Use (SOU) to convert your 1B application to a 1A (IN USE). In addition, you are required to pay a handling fee of forty-nine dollars ($49) the government-imposed filing fee, which as of this moment is one hundred dollars ($100) and you will also have to send a specimen showing actual use of the marks. Failure of the client to corporate, upload a specimen, pay the handling fee or government fee within thirty (30) days of request will result in the immediate termination of this Attorney Client relationship and Attorney is not responsible missing deadlines or abandonment of clients application. Request to extend time to file a Statement of Use will be charged as eight-nine ($89) dollars plus the request government fee in place at the time.

4. Non-substantive Office Actions (Only available for existing clients only) generally covers formalities that may be resolved quickly and inexpensively. Our firm charges no additional attorney fees for responding to non-substantive Office Actions. Non-substantive trademark Office Actions are letters issued by USPTO examining attorneys that do not require significant legal research or argument. For example, any of the following reasons may lead to a non-substantive Office Action:

- Proposed examiners amendment to the identification of goods/services or the classification,
- Request for clarification on the goods or services identified in the application (i.e., the examiner doesn’t exactly know what you intend to do/sell in connection with the trademark).
- Proposed revision to the description of a stylized special form mark.

5. Substantive office actions (which are not covered) include, but are not limited to, statutory prohibitions, such as refusals based on likelihood of confusion, mere descriptiveness or generic marks, misdescriptiveness, surnames, or scandalous marks.
Client may request for Attorney to add additional international classes to the application for an additional fee. Attorney will provide the Legal Services, respond promptly to Client’s communications, and keep Client apprised of all developments with the Client’s trademark application. Client understands that this service does NOT include a comprehensive search and the Attorney has not conducted a search to determine the availability of the name. IT IS EXTREMELY IMPORTANT THE CLIENT HAS CONDUCTED A COMPREHENSIVE SEARCH. PLEASE ONLY SIGN UP FOR THIS SERVICE IF YOU HAVE CONDUCTED A COMPREHENSIVE SEARCH ON YOUR OWN OR THROUGH OUR LAW FIRM TO DETERMINE REGISTERABILITY AND MAKE SURE YOU ARE NOT INFRINGING ON OTHER USES. Client also understands that this is an application process, which could end in a denial of the Client’s trademark by the United States Patent and Trademark Office. The Legal Services are provided on a “best efforts” basis and there is no guaranteed outcome. The Client also understands that registered trademarks require maintenance. MAINTENANCE AND REMINDERS OF MAINTENANCE DEADLINES WILL NOT BE HANDLED BY THE ATTORNEY UNDER THIS AGREEMENT. All time estimates are based on averages. Client understands that each case is different and may require additional time for the Attorney to complete the service.

6. Representations. It is expressly agreed and understood that no promises or guarantees as to the outcome of the case have been made to Client by the Attorney. You should understand that the filing of a Trademark/Service mark application DOES NOT GUARANTEE the application being allowed. However, you can expect prompt, honest and effective representation by my staff, and me concerning your case.

7. COOPERATION OF CLIENT
7.01 Client shall keep the Attorney advised of Client's whereabouts always, and provide the Attorney with any changes of address, phone number or business affiliation during the period which Attorney's services are required. Client shall comply with all reasonable requests of the Attorney in connection with the preparation and presentation of Client's legal matter.
7.02 It is further understood and agreed that upon such termination of any services of the Attorney, any of Client's deposits remaining in Attorney's Trust Account shall be applied to any balance remaining owing to Attorney for fees and/or expenses and any surplus then remaining shall be refunded to Client.

8. Texas Law Applies. This Agreement shall be construed under the laws of Texas, and all obligations of the parties created hereunder are performable in Harris County, TX.

9. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement.

10. Legal Construction. In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

11. Complete Agreement. This Agreement constitutes the sole and only agreement by and between the parties. It supersedes any prior understandings or written or oral agreements between the parties concerning the subject matter discussed herein.

12. RECORD RETENTION- CONCLUSION OF MATTER We will maintain any documents you furnish us in our client file for this matter. At the conclusion of this matter (or earlier, if appropriate), it is your obligation to advise us as to which, if any of the documents in our files you wish us to turn over to you. We will retain any remaining documents in our files for five (5) years and ultimately destroy them. You agree we have the option to choose whether to retain your physical file or an electronic version.

13. LEGAL FEE. In accordance with the Rules of Professional Conduct of Texas, the fee associated with this agreement of 1) ninety-nine dollars ($99) for Trademark Searches, 2) four-hundred and ninety-nine dollars ($499.00 USD) per trademark application or 3) four hundred and seventy-five dollars ($475) for each office action, will be placed in the Attorney's trust account (IOLTA). A 3.5% handling fee will be added to each payment. Clients may be entitled to a refund of all or a portion of the fee if the agreed upon Legal Services are not provided. Attorney will return to Client any unearned portion of the fee. The legal fee is considered completely earned Attorney conducts a search, submits the trademark application for registration or files the office action to the USPTO. Attorney may be entitled to partial payment should Client terminate the relationship prior to completion of the Legal Services. For trademark filing Services or office action responses, Client may request for the Attorney to add additional international classes to the application for an additional fee of eighty-nine dollars ($89) per international class plus Government fees per international class. Please note that Legal Fees can change from time to time.

14. GOVERNMENT FEES. Government fees are in addition to the above stated legal fees. The anticipated Government fee for a U.S. trademark registration is two-hundred and seventy-five dollars ($275.00 USD) per international class, depending on the filing basis plus a 3.5% handling fee, as well as any changes or amendments during the application process. Client shall pay the Government fee prior to application submission. For Section 1(b) intent to use applications there will be additional Government fees that apply. Client understands that Government fees are also subject to change and such changes are out of the control of Attorney.

15.CLIENT INFORMATION IS PUBLIC. Client understands that any and all information submitted to the USPTO and/or state trademark agencies is public information. Client does not have a right to privacy of said information. Client further understands that Attorney may make disclosures concerning the information submitted to the USPTO and/or state trademark agencies and this information is not privileged and/or confidential.

16. ADMINISTRATIVE FEES. Any and all administrative or handling costs are the Client’s responsibility and are in addition to the above stated legal fees.

17. TERMINATION. As it is in any professional relationship, Client has the right to terminate the lawyer-client relationship and discharge Attorney at any time during the duration of this Agreement. Attorney reserves the right to terminate this Agreement as well. If Client chooses to terminate this Agreement, Client must provide reasonable notice to Attorney and agrees to cover the expenses incurred prior to the termination, including but not limited to, payment for Attorney’s partially completed Legal Services. Should Client terminate the relationship,

18. CONFLICTS / CLIENT CONFIDENTIALITY. Representation by Attorney is contingent on Attorney’s conflict check of Client. After confirmation that no conflict exists, Attorney will send Client the fully executed Agreement via email. Subject to any other provision in this agreement, all the notes, writings, reports, research, and communications related to this matter will be maintained in strict confidence and are protected under the provisions of the Attorney-Client privilege.

19. SIGNATURES. The parties may execute this Agreement by electronic means and in electronic counterparts.

Upon submission, you will be taken to the PayPal website to complete payment.

Trademark Registration Application Filing Cost*

Price:

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USPTO Government Fee*

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Handling Fee*

Price:

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