Second Opinion
Trademark Application Review
You filed it yourself, or someone else filed it for you, and now you are not certain it was done right. A review tells you where the application stands, what is likely to come back from the examiner, and what can still be fixed.
Application Review
- Owner name and entity type checked against your records
- Filing basis reviewed for whether it fits your situation
- Mark description and drawing checked against the application
- Goods and services wording assessed for scope and clarity
- Class selection reviewed
- Specimen assessed, where one was filed
- Dates of first use sense-checked
- Written summary of what we found and what we would do
Flat fee • written findings • no obligation to engage us further
Why people ask for this
Trademark applications are easy to file and hard to file well. The USPTO form does not stop you from naming the wrong owner, choosing a basis that does not match what you are doing, describing your goods in wording that will not survive examination, or uploading a specimen that is not a specimen.
None of that is obvious at the time. It becomes obvious months later, when an office action arrives, or worse, when the registration issues with a defect built into it.
A review is a fixed-fee look at the application by someone who files these for a living, before the examiner gets to it.
What we look at
The owner. Applications get filed in a founder’s personal name when the business owns the mark, or in an LLC that did not exist on the filing date. Ownership errors are among the most serious problems an application can have, and some cannot be fixed by amendment.
The filing basis. Use in commerce or intent to use. Choosing the wrong one creates either an unnecessary Statement of Use or a claim of use you cannot support.
The goods and services. Too narrow and you protect less than you thought. Too broad or too vague and the examiner refuses it. This wording also cannot be broadened later, only narrowed.
The specimen. If you filed on use, the specimen is the most likely thing to draw a refusal.
The mark itself. Whether the drawing matches what you are actually using, and whether standard character or design format was the right call.
How It Works
Straightforward, and usually quick.
1. Send the serial number
That is all we need to start. The application and its history are public record.
2. We review it
Against the checklist above, plus anything specific to your mark or industry.
3. Written findings
What is fine, what is a risk, what is a problem, and which of those can still be corrected.
4. Your decision
Fix it yourself, engage us to fix it, or do nothing. The review is yours either way.
What this is not
This is a review of an application that has already been filed. It is not a clearance search, and it does not tell you whether your mark is available or whether someone else has better rights. Those are different questions and we handle them separately.
It also does not include filing anything with the USPTO. If the review turns up something worth correcting, we will tell you what that would involve and what it would cost before any further work begins.
Review Questions
What do I need to send you?
The serial number is enough. Trademark applications and their file histories are public, so we can pull everything we need from the USPTO record. If you have correspondence that is not in the file, send that too.
My application already got an office action. Is this the right service?
A review will tell you what caused it and what your options are. Responding to the office action is separate work, quoted after you have the findings.
Can problems still be fixed after filing?
Some can, some cannot. Goods and services can usually be narrowed but never broadened. Certain owner errors can be corrected, others require a new application. Knowing which category you are in is the point of the review.
Do I have to hire you afterward?
No. The findings are yours to act on however you like, including doing it yourself or taking them to another firm.
Does the $250 cover more than one application?
The fee is per application. If you have several, tell us how many and we will quote the set before starting.
How long does it take?
Most reviews are turned around within a few business days. If you are up against a response deadline, say so when you book and we will tell you honestly whether we can meet it.
Find out now, not in six months.
Send us the serial number and we will tell you what we find.