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Washington, DC 20036
clothandcode.legal
Received an office action from the USPTO?
Use the office action form.
Need to file a maintenance or renewal for a registration?
Use the maintenance and renewal form.
Registering a copyright?
Use the copyright form.
All information regarding a trademark that you would like to search for or register should be included here.
This form takes approximately ten minutes to complete. Once you submit it, I will send you your engagement letter. If you only want to know if the name you have in mind is clear to use, please select the "opinion" option. If you would like to register the name, choose the "package" option. In both cases, I will conduct a search first. If the name is unavailable, you will receive a refund for the filing fee.
Which Engagement?
What do you need?
The same search and $3,000 total apply when you choose to register the mark you selected. If you're unsure about filing, whether the mark will pass, or still deciding between two marks, starting with a clearance opinion is recommended.
Select an option
Trademark Clearance Opinion: $1,800 (Includes a comprehensive search, a written opinion, and a consultation. Registration is not required.)
Two-mark Clearance Opinion: $2,700 (Includes search of two marks with one comparative opinion and recommendation. Both marks must be of the same time and gover the same goods or services.)
Trademark Registration Package: $3,000 (Includes same search and opinion as Trademark Clearance Opinion, along with application for registration in up to two classes. Filing portion of $1,200 refunded if mark doesn't clear.)
Not sure? We can discuss.
Do you have a written Trademark Clearance Opinion from me regarding this mark?
I count the time frame from the date I sent the opinion. If it's within 14 days, the filing fee is $1,200. If it's after 14 days, the cost increases to $2,100, as I will need to conduct an updated search. USPTO fees are separate.
No, this is my first engagement concerning this mark
Yes, I received it within the last 14 days (remaining registration work: $1,200)
Yes, I received it more than 14 days ago (remaining registration work: $2,100)
Do you need the rush option?
Standard delivery is the Monday following a Wednesday engagement. The rush option bypasses the weekly cycle and is available for the one-mark opinion, two-mark opinion, and the registration package (applies to both the search and opinion).
Yes, please deliver the written opinion within three business days (additional fee of $600)
No
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About Your Mark
What is the mark?
Please provide the exact name, phrase, slogan, or description of the logo. If you are choosing between two options, select the two-mark option above and provide the information about it below as well.
What type of mark is this?
Select an option
Word mark (text only, no particular style or design)
Design mark (logo, stylized text, or graphic element)
Both a word mark and a design/logo version
Not sure
If you have a logo or design mark, please upload an image or describe it.
If you cannot upload here, you may email the image to connect@clothandcode.legal with "Clearance Opinion Intake" in the subject line.
Logo or design mark (if applicable)
Add attachment
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Choose file
This file could not be attached because it exceeds the 50MB limit.
Please choose a file.
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How You're Using the Mark
Are you already using this mark?
"Use" has a specific legal meaning, so responding, "I'm not sure what qualifies," is perfectly acceptable. This helps determine whether I should file based on current use or intent to use.
Yes, I'm already selling under it
I have publicly announced or teased it, but I am not selling yet
It is not yet public
I'm not sure what qualifies as "use"
If you are selling, please provide the approximate start date and let me know where I can see the mark in use.
A month and year will suffice for now; I will confirm the exact dates before filing. A link to the product page, label, or storefront would help me identify the specimen.
Have you established a business entity or registered this name with a state?
A state filing reserves the name of an entity, but it does not guarantee the availability of a brand name.
Yes, I have formed an LLC, corporation, or other entity under this name
Yes, I have registered a state trade name or DBA (Doing Business As)
Not, I have not registered yet
I am not sure
Is there a specific date or event influencing this decision?
A product launch, a collection drop, an announcement, a planned application date. If there's a deadline anywhere in this, please state it here. "No date yet" is an acceptable answer.
Have you searched for this name on your own, or seen anyone using something similar?
Tell me what you found or what you're worried about. Google results, an Instagram account, something in the USPTO database, or a competitor operating under a similar name. I still do my own search for every opinion, but this will help.
Your Goods and Services
Please provide a brief description of the goods or services you currently offer or plan to offer under this mark.
This could be one or two sentences, such as "organic face serums and moisturizers" or "an online boutique featuring conscious and vintage clothing." Keep in mind that in a two-mark option, both will be evaluated against the same goods or services listed.
Do you have any plans to add new products or services under this section in the next few years?
For example, consider adding a candle line alongside your skincare products, or a retail store alongside your online shop. This information will help determine which classes to include in the search at this time.
Registration Details
Who will own the trademark? This information is required for the trademark registration application.
The application must be filed in the name of the owner, who needs to be the party currently using or intending to use the trademark. Filing the application under the wrong name is a mistake that could later invalidate the registration.
Me personally
My business entity
Please provide the entity's exact legal name, entity type, and state of formation.
Include how it appears on the state filing, for example, "Maison Verde LLC, a Maryland limited liability company."
Not sure
Has anyone previously filed a USPTO application for this mark, including yourself or a filing service?
No
Yes, and it is still pending
Please provide the serial number or the name under which it was filed
You can find the serial number on the USPTO filing receipt. If you do not have the serial number, the name and an approximate filing date will suffice.
Yes, and it is still pending
Please provide the serial number or the name under which it was filed
You can find the serial number on the USPTO filing receipt. If you do not have the serial number, the name and an approximate filing date will suffice.
Not sure
Is there anything else you want me to know before we get started?
What Happens Next
If I am able to conduct your search,
I will send you the engagement letter and invoice. The search will begin once both are completed. If you engage by 5 p.m. Eastern on Wednesday, you will receive a written opinion the following Monday. If you engage on Thursday or later, you will receive the opinion the Monday after next. For rush engagements, the turnaround is three business days. If the following Monday is a federal holiday, I will deliver the opinion on Tuesday.
If you selected the opinion and the name clears, please engage for registration within two weeks. The remaining work will cost $1,200. If you chose the package and the name does not clear, I will deliver the opinion, retain $1,800 for the search and opinion, and refund the $1,200 filing portion.
Please note that submitting this form does not establish an attorney-client relationship. That relationship is formed once we both sign the engagement letter.
I review each submission and respond with your engagement letter within two business days. If you select the rush option, you will receive a reply by the next business day. Please note that your search will only begin once the engagement letter is signed and the invoice is paid. Therefore, the Wednesday cutoff applies from that moment, not from the time you submit the form.