Trademark Post-Research Opinion Letter "*" indicates required fields Client's Name* First Last Client's Email* HiddenEntity Name Proposed Marke.g., whether the mark is in standard characters, a design mark, a product configuration, etc. Date of Letter* MM slash DD slash YYYY HiddenType of Goods/Servicesthe contemplated goods/services per the USPTO, intended geographical use, and any pertinent information regarding the mark’s meaning, such as whether it possesses any meaning in the relevant industry, as a geographic term, or is a surname. For example, if your client’s proposed mark is NE GREEN CLEANERS for dry cleaning services, relevant information might include: (1) the mark is meant to reference the name of your client’s nationwide chain of retail apparel stores, NE STYLE SHOP, and to indicate that its dry cleaning methods are environmentally friendly; and (2) the “NE” portion of the mark represents the first initials of Nina and Edward Jones (client’s founders), not the Northeast United States (even though client established its first NE STYLE SHOP in upstate New York) Use Form of Mark in standard characters as stylized letters as a design as a sound or color Classes of Goods Searched Class of Goods (for reference)* Class 1: Chemical Products. Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins; unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. Class 2: Paint Products. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists. Class 3: Cosmetics and Cleaning Products. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. Class 4: Lubricant and Fuel Products. Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting. Class 5: Pharmaceutical Products. Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. Class 6: Metal Products. Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; nonelectric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores. Class 7: Machinery Products. Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs. Class 8: Hand Tool Products. Hand tools and implements (hand-operated); cutlery; side arms; razors. Class 9: Computer and Software Products and Electrical and Scientific Products. Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus. Class 10: Medical Instrument Products. Surgical, medical, dental, and veterinary apparatus and instruments, artificial limbs, eyes, and teeth; orthopedic articles; suture materials. Class 11: Environmental Control Instrument Products (lighting, heating, cooling, cooking). Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes. Class 12: Vehicles and Products for locomotion by land, air or water. Vehicles; apparatus for locomotion by land, air, or water. Class 13: Firearm Products. Firearms; ammunition and projectiles; explosives; fireworks. Class 14: Jewelry Products. Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments. Class 15: Musical Instrument Products. Musical instruments Class 16: Paper and Printed Material Products.Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks. Class 17: Rubber Products. Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal. Class 18: Leather Products (not including clothing). Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery. Class 19: Non-Metallic Building Material Products. Building materials (non-metallic); nonmetallic rigid pipes for building; asphalt, pitch and bitumen; nonmetallic transportable buildings; monuments, not of metal. Class 20: Furniture Products. Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics. Class 21: Houseware and Glass Products. Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel-wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. Class 22: Ropes, Cordage and Fiber Products. opes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials. Class 23: Yarns and Threads. Yarns and threads, for textile use. Class 24: Fabrics and Textile Products. Textiles and textile goods, not included in other classes; beds and table covers. Class 25: Clothing and Apparel Products. Clothing, footwear, headgear. Class 26: Lace, Ribbons, Embroidery and Fancy Goods. Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers. Class 27: Floor Covering Products. Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile). Class 28: Toys and Sporting Goods Products. Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. Class 29: Meat and Processed Food Products. Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. Class 30: Staple Food Products. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice. Class 31: Natural Agricultural Products. Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt. Class 32: Light Beverage Products. Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. Class 33: Wines and Spirits (not including beers). Alcoholic beverages (except beers). Class 34: Smoker's Products. Tobacco; smokers' articles; matches. Class 35: Advertising, Business and Retail Services. Advertising; business management; business administration; office functions. Class 36: Insurance and Financial Services. Insurance; financial affairs; monetary affairs; real estate affairs. Class 37: Construction and Repair Services. Building construction; repair; installation services. Class 38: Communication Services. Services allowing people to communicate with another by a sensory means. Class 39: Transportation and Storage Services. Transport; packaging and storage of goods; travel arrangement Class 40: Treatment and Processing of Materials Services. Treatment of materials. Class 41: Education and Entertainment Services. Education; providing of training; entertainment; sporting and cultural activities. Class 42: Computer and Software Services and Scientific Services. Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. Class 43: Restaurant and Hotel Services. Services for providing food and drink; temporary accommodations. Class 44: Medical and Beauty Services and Agricultural Services. Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. Class 45: Personal, Legal and Social Services. Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals. Select AllPurpose of the Mark as Described by Client*The lines prior say -- We understand that Client intends to use Proposed Mark to indicate the source for the following goods/services: So, please type the actual common terms the client used to describe the vision for the mark's use.HiddenSummary of AvailabilityThe summary of availability for use and/or registration should state that: (1) the mark is likely available; (2) the mark is potentially available but may face certain identified obstacles; (3) the mark is likely unavailable due to certain identified obstacles; or (4) you are not able to make a conclusion without further investigation, with an explanation of what that would entail. The detailed analysis and reasoning behind the availability conclusion is included later in the trademark opinion.Summary of AvailabilitySummary of Availability*likely availablepotentially available but may face obstacles to being registered, as discussed in section 4 belowlikely unavailable due to certain obstacles that are discussed in section 4 belowpossibly available, but we are not able to make a conclusion without further investigation (which we explain in section 4 below)HiddenFederal Registration FindingsMarkClass + Goods & ServicesStatusOwner Add RemoveHiddenState Registration FindingsMarkClass + Goods & ServicesStatusStateOwner Add RemoveHiddenCommon Law FindingsMarkClass + Goods & ServicesOwnerLocation Add RemoveHiddenDomain Names/ Websites/ Social Media FindingsDomain NameWebsite ContentOwner Add RemoveRisk Level of MarkLow RiskMedium/moderate RiskHigh RiskRisk Types First & Most Predominant Words are the Same + Same Goods/Services: When the attorneys at the USPTO examine a proposed mark, there is a 3-part analysis that generally takes place. During Step 1, the attorneys will look at the mark next to similar marks. The marks don't have to be exactly the same. The marks can simply sound alike, look alike, or have the same "commercial impression." For example, a brand cannot register a mark for a soda called KOKUH-COLA because (although this brand isn’t EXACT to Coca-Cola) it would be pronounced the same; thus, the two brands sound alike. Likewise, a brand cannot register a mark for a soda called BROKE-A-COLA because the "commercial impression" (or possibility that the average person would associate the brands with one another) is too risky for COCA-COLA. During Step 2, after examining whether the marks are "similar" in sound/appearance or commercial impression, the examining attorney will look at the listed goods/services on applications that are already in the USPTO system. When (1) the marks sound alike, look alike, or have similar commercial impression and (2) the goods and services provided by the companies are related or similar, it’s almost a guarantee that the USPTO will deny the trademark application. In this case, your proposed mark could easily be said to have the same commercial impression, and the goods/services are too similar between your proposed application and the mark that is already registered (see the marks that we’ve highlighted in red on your search report). The problem with this analysis is that the USPTO cannot register a mark that is likely to cause confusion with an already registered mark. First & Most Predominant Words are the Same with Closely Related Goods: We found marks during our search that presented a high risk. Each of these marks is highlighted in yellow within your Comprehensive Search Report. With each of these high-risk marks, the first and most predominant word on each mark, and your proposed mark are the same. If the Examining Attorney at the USPTO decides that your goods/services overlap with the marks we highlighted, then they will refuse registration. When deciding if the goods/services overlap, the goods/services don’t have to be exact. Instead, they can be within the same “wheelhouse.” For example, a mark that is registered for “mortgage lending” may also be said to overlap with a different trademark application with a similar name for “apartment leasing” because the wheelhouse of “putting people into homes” might also include helping them find an apartment if their mortgage application falls through. A second example would be where a company makes “shampoo and conditioner” but a competing application shows up in the USPTO database for “hair cream.” In such cases, the Examining Attorney has to decide: are these goods/services so closely related that the average customer would think, “Oh good, they’ve expanded to offering a new service/product.” As a result, we have to be very careful about how the goods/services are listed in your application. Or, we need to make adjustments to the mark itself. Looks Good; File Right Away: We didn't find any marks during our search that we think would cause heightened concern. We have highlighted the ones that we need to be mindful of. They are highlighted in green on your Comprehensive Search Report. However, we highly recommend that you move forward with filing this mark as soon as possible. Describe basis for risk assessmentThe search analysis should identify the most pertinent references from the full trademark search report, beginning with a discussion of the federal references. Explain why the cited references may or may not pose a significant risk to the client’s use and/or registration of the proposed mark and indicate whether and how the client can overcome such risk (e.g., by making alterations to the proposed mark or the proposed goods/services, or negotiating a co-existence agreement with the owner of a potentially blocking mark). If you conducted additional research into any of the references, the analysis section should also describe that investigation and the results. After giving a brief overview of the most pertinent federal registrations, state registrations, common law uses, and/or domain names, the opinion should conclude with an overall risk assessment of the client’s use and registration of the proposed mark. The conclusion should include an assessment of the potential risk in adopting the mark (i.e., low, moderate, high), with an explanation of the legal reasoning and citations to significant references from the search report. If applicable, you should also identify any additional investigation that needs to be conducted (see the first Optional Clause below). To give a basic example, if your client’s proposed mark is NE GREEN CLEANERS for dry cleaning services, you might conclude that moderate risk exists because a large number of entities use the term “green cleaners,” but that you believe your client could overcome any potential objections from such entities. Specifically, you might note that the term is highly descriptive of environmentally-friendly cleaning products and services and widely used by many entities to describe such products and services and, consequently, the phrase should be given a very narrow scope of protection. You might also recommend that your client use its stylized NE logo in the proposed mark, instead of the letters “NE” in standard characters, to lessen any potential confusion. [In this example, you would also have to counsel your client that if it obtained a registration for the proposed mark, its own scope of protection would be fairly narrow as well.]1Recommendations Abandon the mark all together and explore an entirely new combination of words/ designs because the current mark will be denied by the USPTO more than likely. If you come up with another mark within the next 10 days, we will conduct a brand new search 100% free for you. After ten days have passed since the date of this letter, all new searches will be charged at the normal rate of $850 per mark. Abandon the mark in the following classes: Turn your mark into a compound word so that it no longer has the same first and predominant word as the marks that we highlighted red/yellow on your Comprehensive Search Report. Adjust your goods and services to be more narrowly defined so that the Examining Attorney at the USPTO can clearly differentiate your product and your target market from the marks that we've highlighted red/yellow on your Comprehensive Search Report. We need you to provide us with .jpg or .pdf files that show your mark being used in commerce. This can be a screencapture of a website, an invoice that includes a description of the goods/services and a display of the mark, a sales deck, a powerpoint presentation for investors, a media kit, a picture of your product with the mark on it, or any other proof that your mark is currently being used in connection with a good or service that you provide. Provide Your Recommendations for Adjustments, if Any1Google Link to Comprehensive Search Report* Δ