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Trademark Services

TRADEMARK FILING

As a creative, naming your product or business took more than just finding the “correct” common
noun. You brainstormed, incubated, philosophized, and probably consumed more than a few
cups of coffee to find that perfect word or phrase. Naturally, you would want to protect your
valuable asset.

To file your trademark, I have been providing Texas Trademark Services but now I offer the following services nationwide:

  • Complete Extensive Trademark Search plan for a name and logo
EXTENSIVE TRADEMARK
SEARCH

And so the journey begins.

  • I conduct an extensive search across the USPTO Federal and all 50 States’ Trademark Databases
  • I also search Common Law and Domain Name
  • I summarize our findings in a drafted Legal Opinion Letter and follow up with a 30-minute call

TRADEMARK SEARCH & FEDERAL REGISTRATION

Declare your intentions.

  • Complete Extensive Trademark search Package
  • I file a Federal Trademark Application
  • I provide Non-Substantive Responses* with USPTO
  • If your mark cannot be registered I provide a second search, free of charge

*Please refer to our Office Action Response Service.

TRADEMARK REGISTRATION OF NAME & LOGO

The realization of your creative pursuit.

  • I file a Federal Trademark Application for your Name and Logo
  • I provide Non-Substantive Responses* with USPTO
  • If your mark cannot be registered I provide a second search, free of charge
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TRADEMARK RENEWAL

Ownership of property requires maintenance. In the case of trademark property, a federally
registered trademark requires renewal every five to ten years. If an individual or organization
fails to fine the appropriate documents in a timely manner, ownership of the mark will be lost.

I offer a variety of renewal services to best match your needs.

FILING OF A § 8 DECLARATION

This Declaration is due between five to six years after your trademark registration.

  • A confirmation of Use in Commerce
  • I aid in selecting a Compliant Specimen that is right for you
  • I draft and file the declaration for a fee of $100*

FILING § 8 AND § 15 DECLARATIONS

My more comprehensive package for declarations due between five to six years after trademark registration includes the following:

  • § 8 provides confirmation of Use in Commerce
  • § 15* is an additional precautionary step to challenge an attempt to cancel your registered trademark
  • I aid in selecting a Compliant Specimen that is right for you
  • I draft and file both Declarations for a Filing Fee of $300**

*A § 15 Declaration is not required to renew your trademark registration.
Trademark monitoring

FILING § 8 AND § 9 TRADEMARK RENEWAL

This Declaration is due between nine and ten years after your trademark registration.

  • § 8 provides confirmation of Use in Commerce
  • § 9 is a declaration that renews your Trademark for ten years
  • I aid in selecting a Compliant Specimen that is right for you
  • I draft and file both Declarations for a Filing Fee of $400*

* The $100 USPTO filing fee is for one international class. For any additional international classes, I charge an additional $99 legal fee and $100 to cover the USPTO fee.

** The $300 USPTO filing fee is for one international class. This is broken down as $100 for § 8 and $200 for § 15. For any additional international classes, I charge an additional $99 legal fee and $300 to cover the USPTO fee.

* The $400 USPTO filing fee is for one international class. This is broken down as $100 for § 8 and $300 for § 9. For any additional international classes, I charge an additional $99 legal fee and $400 to cover the USPTO fee.

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STATEMENT OF USE

To keep your trademark rights, the UPTO requires the filing of a Statement of Use within six
months of issuance of the Notice of Allowance. This filing notifies the USPTO that you have
begun using your mark in commerce. If a Statement of Use is not filed within the six-month
period, USPTO will require a Notice of Allowance to extend the period an additional six months.

FILING OF THE STATEMENT OF USE

I aid in selecting the appropriate exhibit and drafts and files the Statement of Use. This service includes a $100 Filing fee.

PETITION TO REVIVE AN ABANDONED TRADEMARK

If you forgot to file your Statement of Use and/or your Notice of Allowance I will review your application for possible errors and file a petition to revive your abandoned trademark. I will note your file to remind you of the future due date to file your Statement of Use/Response to Office Action. This service includes a $100 Filing fee.

6-MONTH EXTENSION TO FILE STATEMENT OF USE

If you would like to request a six-month extension, I will draft and file your request and note your file to remind you of the future due date. This service includes a $150 Filing fee.

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OTHER TRADEMARK ISSUES

I get it. Legal is complicated. (For me it’s a walk in the park) But I am happy to help you navigate through piles of endless legal paperwork and other trademark issues you may encounter.

My
service includes:

  • Trademark Opposition
  • Trademark Cancellation
  • Cease & Desist Letters
  • Trademark assignment
  • Change of ownership
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OFFICE ACTION RESPONSE

Jumping through legal hoops and navigating your journey to a successfully filed trademark can
really take your breath away (in an exhausting way). I ease the load by helping you out with the
various obstacles you may face.

My services include the following:

ADMINISTRATIVE TRADEMARK OFFICE ACTION RESPONSE

As your appointment Attorney of Record I will draft responses for instances such as:

  • Failure to Disclaim
  • Improper Identification of Entity Type or Applicant Nationality
  • Improper Specimen
  • Descriptions of Goods or Services
  • Descriptions of Logos

COMPLEX TRADEMARK OFFICE ACTION RESPONSE

As your appointment Attorney of Record I will draft responses for complex instances involving:

  • Merely Descriptive or Misdescriptive
  • Merely a Surname
  • Immoral or Scandalous Matter
  • Trademark Office Actions related to the Lanham Act § 2(d) Rejections based on Likelihood of Confusion

APPEALING A FINAL TRADEMARK REFUSAL TO THE TTAB

When all else fails, as your appointment Attorney of Record I will draft a Brief filed with the TTAB that will detail case law to support your argument for a registered trademark. This service includes a $100 Filing fee.

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MARCELLA™ – Trademark Attorney providing trademark registrations, renewals, and searches.
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