Trademark Filing Client Cover Letter

What a good one includes

• The exact trademark filed, the official filing date, the application serial number, and the specific international classes of goods or services covered.
• A clear timeline detailing the current USPTO backlog and when the client can expect the application to be assigned to an examining attorney.
• A proactive warning warning the client about misleading, deceptive solicitations and fake invoices from private registries that target new applicants.
• A brief explanation of what an Office Action is, reassuring the client that administrative inquiries are a normal part of the process.
• Clear instructions on the correct use of the 'TM' or 'SM' symbols during the pending phase, and a strict reminder not to use the '®' symbol yet.
• An outline of the firm's docketing procedure and a reminder for the client to report any changes in their address or trademark usage.

Common mistakes to avoid

• Overpromising on the timeline or guaranteeing registration, which can damage client relations if the USPTO experiences unexpected backlogs or issues a refusal.
• Failing to warn the client about public record scams, leaving them vulnerable to paying highly convincing fraudulent invoices from third parties.
• Using overly dense legal terminology instead of translating the status of the application into clear, actionable, and reassuring client-facing language.
• Neglecting to explicitly instruct the client that using the registered trademark symbol prior to actual registration is a violation of federal law.

Frequently asked questions