All About the Trademark Strategy Session

Registering a trademark for your business name and/or design/logo mark is a great way to protect your business from competitors and sets you apart in the business world. There are several points to consider and the process of working with the federal government is overwhelmingly technical and lengthy. That’s why it is important to seek the assistance of a business attorney with knowledge and experience in trademarks. Wheeler Legal, PLLC will ensure that the trademark process will be done efficiently and correctly, and that begins with our Trademark Strategy Session.

What is a Trademark Strategy Session?

A Trademark Strategy Session is a paid phone consultation that lasts up to one hour with Attorney Wheeler. This time allows you to discuss your trademark needs and concerns. Attorney Wheeler will guide you by providing legal advice and answering your trademark questions to ensure that you’re on the right path before proceeding with the government process.

The Intake Process:

When you call our office for the first time, you will speak with Amy, our Legal Assistant. If Amy is unavailable, she will return your call. Amy will offer available dates and times for your appointment. When calling, be prepared to provide the following:

· Your contact information including name, phone number, email, and address.

· Your business name and type (i.e. LLC, Inc., etc.)

· How did you hear about Wheeler Legal, PLLC?

· What do you need assistance with? Providing as many details as possible is a good thing!

· What are your goals for your consultation call with Attorney Wheeler?

· Are you ready and willing to pursue this matter by investing and retaining an attorney?

· What is the mark you want trademark protection for?

· Do you want to protect the words, the logo, or both?

· What goods and/or services are represented by this mark?

· Is the mark currently being used?

After selecting a date/time and providing Amy with the above information, she will review our Terms & Conditions with you before completing the appointment. Once you agree to the Terms & Conditions, your appointment will be complete! We will send an electronic invoice for the non-refundable $250.00 consultation fee. This must be paid within 24 hours of receipt to avoid appointment cancellation.

The Day of Your Appointment:

Attorney Wheeler will call the number you provided during the intake process at the appointed time. Please be sure to answer your phone/adjust your phone settings as a missed call is considered a “no-show” and will not be rescheduled.

After Your Appointment:

If you decide to move forward with Wheeler Legal, PLLC, we will send you a Trademark Questionnaire. This form provides details that are needed to search and file. Additionally, we will break down our services into two separate engagements.

· Trademark Search and Opinion – We will send you a flat fee Engagement Letter to perform the trademark search and draft our opinion on the strength of your name mark or design mark. An Invoice will follow. Once these two items are completed, we will begin the search process.

· Trademark Application Filing – If the Trademark Search comes back favorable and you would like to proceed with filing, we will send you another Engagement Letter to complete and file the Trademark Application with the federal government. An Invoice will follow. Once these two items are completed, we will begin the application process.

TIP: It is critical to complete the engagement paperwork for application quickly to avoid too much time elapsing between the search results and the application process. This is to ensure that your name mark or design mark are still available.

Please be aware that if you are looking to complete the trademark process for both a name mark and a design mark, they are filed separately. This means that you would complete this entire engagement process twice - once for the name mark, and once for the design mark.

After Application Submission:

The application is assigned to an Examining Attorney three months after the initial submission. The Examining Attorney will review the application to determine if it can be filed. If there are issues, they can be argued or corrected until the Examining Attorney is satisfied. After this process, the application will go to further review and publication. It usually takes about one year from filing to certification for the trademark process to be completed.

We are so excited to help you pursue your trademark goals! It is our passion to help small business owners grow and succeed. Please call us today to set up a Trademark Strategy Session at 321.209.5995.