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BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience:  I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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Dear Attorney, I applied for a trade mark through a trade

Customer Question

Dear Attorney,

I applied for a trade mark through a trade mark attorney for a Frozen Yogurt Retail business name. USPTO has issued "Notice of Allowance" to grant the requested trade mark. Now, the next step is to file "Statement of use" showing a picture of my store that I am using this TM. Through TM attorney, it will cost me $400 ($300 legal fees + $100 govt fees).

1) Could I file this "Statement of Use" myself? instead filing through attorney to save $300 filing fees as my new business is very slow. Further, I am not sure if I will ever expand this business to open a franchise system (which was the original reason to file this TM through attorney).
2) What is the process to file this statement and do you think, is it worth paying $300 to my TM to file this statement? Wanted to check, if your experience shows a lot of issues/rejections, etc when applicants file it directly.

Thanks
Kumar
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

hello, I will be assisting you

BizIPEsq. :

let me review the question

Customer:

Ok, will wait.

BizIPEsq. :

1) you do not need an attorney to file on your behalf with the USPTO. You can do it yourself

BizIPEsq. :

2) you file through the TESS system which is the online system that the USPTO uses to manage the application process

BizIPEsq. :

you need to create an account in order to file

BizIPEsq. :

this link contains the various filing stages: http://www.uspto.gov/trademarks/teas/index.jsp

BizIPEsq. :

if you don't know the rules you run the risk of rejection. Obviously lay persons get rejected more than attorneys. Often times, if you are rejected you can ask the examiner to cure and resubmit.

BizIPEsq. :

if getting the trademark is very important to you, then you should consider using an attorney

BizIPEsq. :

Thank you for allowing me to assist you

BizIPEsq., Attorney
Satisfied Customers: 996
Experience: I am a tech attorney and I represent clients with technology, internet and intellectual property matters
BizIPEsq. and other Intellectual Property Law Specialists are ready to help you

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