United States and international trademark law requires us to seek certain information from you prior to undertaking the filing of any trademark application(s) on your behalf. Please carefully review the following requests for information. Please compile your written answers to these questions and forward them to the attention of your Myers & Kaplan Intellectual Property Law, LLC trademark attorney either prior to your initial consultation or at another mutually agreed-upon time. You should review and supplement your answers to these questions on an ongoing basis throughout the entire trademark process. You should keep your attorney apprised, in writing, of any changes in your answers to these questions, and of any developments and new information which may bear upon the accuracy of the information contained therein.
We recognize and appreciate that answering these questions will take some time and thought. It has been our experience, however, that clients who do take the time to complete this Questionnaire have better outcomes at significantly lower costs.
Please answer thoroughly, accurately, and in writing the following questions:
1. Please provide a detailed description of the business with which the mark will be used.
2. Please provide a detailed description of each of the goods, products, and/ or services with which the mark will be used.
3. Please provide an exact copy of the proposed mark, including all associated elements and slogans.
4. Please provide examples (specimens) of the mark as applied to the products, goods, or services offered and/ or sold under the mark.
5. Please provide the date of first use of the mark anywhere in the world. Please state whether you have documentary or other evidence of this date and, if so, the form of this evidence. If the mark is associated with separate goods or services, please provide dates relevant to use of the mark with each specific good or service.
6.Please provide the date of first use of the mark outside of Georgia. Please state whether you have documentary or other evidence of this date and, if so, the form of this evidence. If the mark is associated with separate goods or services, please provide dates relevant to use of the mark with each specific good or service.
7. Please provide the date of first use of the mark outside of the United States. Please state whether you have documentary or other evidence of this date and, if so, the form of this evidence. If the mark is associated with separate goods or services, please provide dates relevant to use of the mark with each specific good or service.
8. If the mark has not yet been used in the United States, please provide details of any anticipated timeline for use of the mark.
9. Please state whether the mark will be used in international commerce and the anticipated date of any such international use.
10. Please provide a detailed description of each anticipated future development, enhancement, modification, and improvement which may be incorporated into the mark.
11. Is any portion, component, or element of this trademark not original to the owner of the mark? Please identify in detail each such portion, component, and element without regard to its size, nature, magnitude, or significance with regard to the overall mark. If you have an opinion as to the identity of the person who originated each such portion, component, or element, please provide sufficient identifying information to enable us to evaluate and investigate the contribution and/or claims of that person.
12. Please give the specific dates of all printed publications, sales, offers for sale, and public display and/or use of goods or services bearing the mark at issue, whether by you or by any other individual or entity, whether in this or in any foreign country. If copies of such materials are available to you, please provide them to us with your answers.
13.Please state whether you intend to pursue one or more foreign trademark applications for your invention.
14. Please state whether you are aware of any trademark applications concerning the mark which have been filed and/or published in this or in any foreign country, whether by you or by any other individual or entity. If copies of such trademark applications are available to you, please provide them to us with your answers.
15. Please state whether you are aware of any marks which may be relevant or of concern in registering and enforcing your mark and which have been issued in this or in any foreign country, whether to you or to any other individual or entity. If copies of such marks are available to you, please provide them to us with your answers.
16. Please state the name, address, and other identifying information regarding the owner of the mark.
17. Please state whether the mark has been or will be assigned to any other entity or individual.
18. Please state whether you have signed any documents, agreements, or statements with anyone which restrict in any manner your use or ownership of the mark. If copies of such documents are available to you, please provide them to us with your answers.
19. Please state whether you are under any duty, by written contract or otherwise, to assign, license, convey, or transfer this mark, or any right you might possess in this mark, or covering this mark in any manner, to any other person, governmental agency, or business concern. Please identify all such duties and relevant assignees, licensees, conveyees, or transferees, giving name, address, and phone number for each. If copies of written documents evidencing such duties are available to you, please provide them to us with your answers for review.
20. Please provide a full and complete list of each and every technical, marketing, and/or purchasing reference which is, or may be, relevant to registration of your mark. This list should include other catalogs, studies, surveys, research papers, governmental and/or private publications of any kind, and personal observations and/ or anecdotal accounts of other similar or related uses, without limitation. Please provide copies of such documents or, in the alternative, information of sufficient detail to enable us to locate, review, and obtain a copy of the reference.
21. Are you aware of any other information, without limitation, which was not specifically sought in this Questionnaire, but which would, or might, bear upon registration or protection of this mark? If so, please detail the information and provide copies of any documents containing this information. If copies are not available to you, please provide information of sufficient detail to enable us to locate, review, and obtain a copy of the document or information.
22. Do you have any questions, observations, or concerns regarding your rights in this mark, the documentation process, trademark laws or regulations, the trademark process, or any other related matter which you wish your trademark attorney to consider or answer? If so, please list such matters for us and we will promptly consider them and respond to you.
Thank you for your time in answering these questions! We look forward to reviewing your answers with you.