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Trademark Application Hiring Intructions 

You Products and Services are what Count

1. We do not file logos and names in the same application, we can discuss your logo, but the name alone is most important. A name and logo together result in an unenforceable trademark registration. 

2. Below are the general naming rules:

                                                                       Five Rules of Naming

 

  1. Do not describe your product in the name

  2. No surnames

  3. No place names

  4. Spelling does not matter, just how it sounds

  5. Foreign words can work, but they will be translated and conflicted with the English translation

  6. Do not describe your product in the name

3. Use: www.uspto.gov - Up to date trademark database. 

4.  Use the link to schedule a call directly with an attorney. 

5. You are ready to hire FireCastle to do a comprehensive search, check out the trademark search product, enter your email address and a trademark form will be emailed to you. 

5. Your comprehensive search results will be emailed to you, please ask questions via email regarding the search results. (a call can be scheduled if needed) 

6. Use the trademark application product to hire FireCastle to submit your application, FireCastle will monitor your application, and respond to any office actions from the USPTO.  If an opposition proceeding or an appeal is eventually required that is not included in this fee. (highly unlikely 0.5%) Also if you are not yet selling products/services we will file an intent-to-use application which will later require a $100 filing fee to show the USPTO use of the name in commerce, no additional legal fees for this.

7. The USPTO is extremely slow, after we file the application we will not hear back from them for about 9 months (as of May 2023). During that time you will likely receive official-looking mailings regarding the application, these are scams. The USPTO will not contact you, the only official information will come from FireCastle. 

TERMS:

 Client agrees to pay Product fee, a non-refundable Flat fee. (Filing fees also may need to be paid) 

2.      In the event, Client desires to and retains www.FireCastle.Zone or Ross Brandborg for additional services beyond the initial engagement an additional retainer and agreement may be required. 

3.      The product contract does not include any trademark application appeals or opposition proceedings. 

4.      This contract does not guarantee any result in the trademark application process, or any other proceeding or legal work.

5.      It is intended that a trademark application will proceed until issuance or final rejection, any further pursuit of the trademark will be completed under other retainer agreements. 

6.     Client understands that Patent Attorneys may withdraw from  representation pursuant to the Rules of Professional Conduct and the rules of the USPTO, if the client fails to perform under this contract, 
or if Client becomes unreachable.

 

7.     Any disputes under this agreement will be under the laws of the State of North Dakota. 

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