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

Description of the Service
  • The Small Business Clinic assists clients with preparing and filing applications with the United States Patent and Trademark Office ("USPTO") to register one or more trademarks.  The client must be a Florida resident.  The service is free except for a one-time $25 administrative fee (the payment is made on-line with a credit card following the initial intake interview)

    • ROLE OF CLINIC:  The Small Business Clinic gathers the needed information and then prepares the digital trademark registration application.  The Small Business Clinic then assists the client with signing it and then having it uploaded into USPTO's on-line system.  The client pays the filing fee.  The Small Business Clinic does NOT represent the client during the registration approval process  (upon request, however, the Small Business Clinic may or may not assist a client in responding to USPTO correspondence).

    • FILING THE APPLICATION:   It is the client, and not the Small Business Clinic, that signs the registration application.  Once the digital application has been created, but before it has been filed, the Small Business Clinic will email to the client a PDF file displaying the contents of the proposed registration application.  The Small Business Clinic will then assist the client in e-signing the digital application and having it uploaded into the government's on-line filing system.

    • AMOUNT OF THE 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)

Who the Service is Ideal For
  • The Small Business Clinic's service is ideal for clients that want to save money and are are willing to represent themselves during the application approval process.

    • The Upside:  The Small Business Clinic's service is free.  The Small Business Clinic takes pride in its knowledge of trademark law and in the quality of the digital applications that it prepares (knowing of course, that there is no guaranty of USPTO approval).  The legal work is closely supervised by experienced attorneys.

    • The Downside   The Small Business Clinic's assistance is limited to preparing the digital application and having it uploaded into USPTO's online system.  The Small Business Clinic does not sign registration applications nor does it formally represent its clients in the approval process (though, upon request, the Small Business Clinic can assist in responding to correspondence from USPTO).

    • Private Attorney Option:  The client, of course, has the option of retaining a trademark attorney to prepare, sign and file the application and to represent the client throughout the approval process.

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.

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