Description of the Small Business Legal Clinic's
Trademark Application Assistance

Description of the Service
    What is the Clinic:

    • The FIU College of Law Small Business Legal Clinic provides free assistance to small businesses and nonprofits.  The Clinic provides services ONLY to permanent residents of the State of Florida

    Cost:

    • The services are free except for a one-time administrative fee of $25 (the payment is made on-line with a credit card following the initial interview)

    Who Provides the Service:

    • The assistance is provided by 3rd year law students working under the close supervision of an experienced attorney

    Becoming a Client  

    • To be eligible for assistance a client must be a resident of the State of Florida.  To apply send an email to the Clinic's Director (John Little) at johnlittle@fiuclinic.org -  In the message briefly describe the legal assistance that you need.  Include your telephone number.  Someone will then contact you to learn more about the assistance you are requesting  The Clinic reserves the right to decline particular requests for services.

    Role of the Clinic in Trademark Registrations

    • The Clinic asks its clients to educate themselves on trademarks by reading the information page created by the Clinic entitled "Trademark Basics"

    • A participating 3rd year law student, working under the close supervision of an experienced attorney, is assigned to assist each client.  Typically the client is asked to complete and return a "Trademark Questionnaire" that will provide most of the information needed for the registration application.

    • Submitting the Application: The 3rd year law student will prepare the digital application file.  It can then be filed with the on-line system of the United States Patent and Trademark Office ("UPSTO") in one of two ways

        • Option #1 - Signed and Submitted by a Licensed Attorney Working for the Clinic

        Perhaps the easiest option is to let one of the Clinic's licensed supervising attorneys (using his or her own personal USPTO account) "sign" and then upload the digital application into the government's on-line system.  For this option to work the client must provide the Clinic with his or her credit card information (the Clinic's services are free but the client must pay the government's filing fee).

        Option #2 - Signed and Submitted by the Client

        If the Client does not want to share his or her credit card information with the Clinic the completed digital application will be delivered to the client as an email attachment.  The client will then "electronically" sign it and upload it into the government's on-line system.  The Clinic will give the client easy to understand instructions for doing this including instructions on how to create his or her your own personal account with USPTO (which will include a one-time identity verification process).

    • Amount of Government's Filing Fee:  The amount of the filing fee can vary depending on how many trademarks are being registered and how broad of a range of goods or services that the client wants the trademark to cover.  Typically the fee for an application for a single trademark covering a single "class" of good or services is $350 (add an additional $350 for each additional class)

    No Guaranty
    • The Small Business Clinic does not guaranty that particular trademark registration applications will be approved by the government.  An application might be rejected for any number of reasons.  CLICK HERE the view a page on the government's website that provides information on why particular applications might be denied.

    • Registrations will be rejected by the government if the mark is too similar to one that has previously been registered.  The Clinic will NOT conduct a comprehensive search for previosly registered marks

      • The Clinic recommends that its clients conduct a search for previously registered trademarks that might be similar to the one that they want to register.  CLICK HERE for a page that describes how to do that.

      • An applicant can pay for a professional trademark search.  -  LegalZoom provides one such service that is generally well regarded and is reasonably priced.

    Periodic Renewals Required

    • A trademark registration must periodically be renewed every few years by filing a "Declaration of Continued Use".  Here is the schedule:

      • Between the 5th and 6th year
      • Between the 9th and 10th year
      • Between the 19th and 20th year (and then similarly every 10th year thereafter)

    • For instructions on how to do this read "Keeping your Trademark Registration Alive"

    • USPTO will email "courtesy" reminders before the due date.  Their emails will contain a link to the relevant on-line form that needs to be filed.  If you change your email address after initially registering the trademark you must electronically submit a change of address form otherwise you will not receive the courtesy reminder (CLICK HERE for the USPTO forms directory)

    • The Clinic may or may not help in filing those types of forms (depending on the Clinic's then current priorities and funding).  If the Clinic declines to provide that type of assistance, the Client can file the form on his or her own (following the instructions in USPTO's "courtesy email") or by seeking the help of a trademark attorney)