Dear Paralegal or Junior Associate,
A client would like to register a trademark for a new product. He would like to use the name Tiger for green golf balls. In order to determine if someone has already registered that “mark”, you must first search the USPTO.
1. Go to the USPTO website.
2. Choose the link for Trademarks.
3. Look for the link that will allow you to perform trademark searches as a new user.
4. Enter the word you would like to search and review search results for any similar or potentially confusingly similar marks that may be registered to other companies or which may be pending registration.
Now, prepare a memo that tells our client the likelihood of success for registering his chosen product name or service/business name with the USPTO.
Make sure and tell the client how many “marks” are exactly like the one he is inquiring about registering, and how many are probably confusingly similar. There may be quite a few companies or individuals using the desired mark or possibly no other entity using the desired mark.
If someone already has the “mark” registered, you will also need to consider what “class” our client wants to register his mark in. For example, does he want to register his mark within the coffee beverage category? If so, the same “mark” being used by a computer company will not likely cause our client’s registration to be denied.
Also, if you find there are currently companies or individuals with applications for the desired mark and they are currently “pending” include that information in our client’s memo as well.
Please provide information concerning who owns the registered marks that you find in your search. If there are too many companies using the same name and in many different classes, be sure to list a few that are the same or close to our client’s requested mark and within the class or market in which our client hopes to register his mark.
Finally, after reviewing the trademark application process online, please provide the client with a brief explanation of what information we will need to complete his application. Please note whether the client wants to register a logo or stylized mark or only word(s) because this changes the requirements for the application slightly. Importantly, provide the relevant filing fee information as well. Assume we will register his mark online.
Please take into account the grading rubric in order to earn the best grade you can and refer to the written assignments grading rubric which has more details about the different parts of an assignment/essay.
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