King Patent and Business Law, PLLC

Protecting your ideas, your brand, and your business
Protecting your ideas, your brand, and your business

Trademark Review of Use

To maintain enforceability of your mark, you must use it exactly as it was registered. This is often a more difficult task than it sounds

To help clients maintain maximum protection and ensure renewal applications are approved without problems, we offer trademark review of use services (sometimes referred to as auditing services) to help clients make sure they are using their marks correctly.

The USPTO does not provide any review services.

We will examine branded material you submit to us to ensure it accurately depicts your mark(s) so full protection is maintained.

You will also receive access to our regularly updated online course covering proper use of your mark(s).

Why Use Trademark Review of Use Services?

What Is Trademark Review of Use?

To help you make sure you are using the mark correctly and with the right goods and services, we look for things like the following, and much more:

  • Improper arrangement
  • Improper colors
  • Improper abbreviations
  • Missing or additional goods/services

Examples

Three examples of proper and improper use of trademarks. The first shows you cannot break a one-word mark into two words, but if it is registered as plain text, you can use whatever font, color, or style, like bending it into an arc, you want. The second shows you cannot use "Y.E. Specs" when the registered mark is "Yellow Eye Specs." The third shows you can use a design mark registered with color in any size you want, but you cannot change the colors.

Fees

We work using flat rates. You will know up front what the total cost will be for the services most appropriate for you, barring unforeseen circumstances.

Common fees are listed in this downloadable fee schedule. Additional attorney and USPTO filing fees may apply to these listed fees. The fees listed here are starting points. Fees ultimately depend on the complexity of the work required.

Additional Trademark Services

We can file your federal and/or state (IL and GA) applications.

We also help with responses to refusals (Office Action) and appeals of final rejections,

We perform searches and analyze the results to spot issues that may prevent or cause other problems for registration and advise you about your options to address them.

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We review how you use your mark after registration to ensure your use helps retain your full rights and makes renewal easy (you have to show proper use at renewal).

Yearly, quarterly, monthly, and weekly service is available.

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We perform and analyze monthly searches of new federal registration filings to see whether anyone is attempting to register a mark that is possibly infringing on yours.

To see whether there may be other infringing use of marks, searches of social media, domains, and internet use are also available.

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We assist with filing maintenance and renewal paperwork for both federal and state (IL and GA) registrations.

This includes assistance with gathering specimens to show ongoing proper use of the mark.

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We draft and review licensing agreements to permit others to use your marks in exchange for a fee or to allow you to use others’ marks in exchange for a fee.

We also draft and file assignments and transfers of rights to others, for single marks, a portfolio of marks, or as part of the purchase or sale of a business

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We can send and help you respond to cease-and-desist letters.

We can also assist you with cancellations, oppositions, etc.

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