Branding & Trademark Project 1, Part 2: client conference

MEMORANDUM

THOMAS, THOMAS, AND THOMAS

A Pretend Limited Liability Partnership

From: Ira Steven Nathenson, “Managing Partner,” T3 PLLP
To: T-Cubed Associate attorney
Date: Sept. 4, 2023
Re: Project 1, part 2: client conference

Background. 

The purpose of this portion of the project is for you to do the leg work in order to later select accurate goods and services classes for your client, and to draft an identification of goods and services that is both accurate and protective for your client.

Thus, after the assigned marks are posted, you should talk to your Acme CEO for any clarification regarding the goods or services associated with the mark. You need not wait until this assignment is officially due. Do not blindly rely on the information provided by your client. You will instead need to research how to describe the goods or service, and should consult with your client’s CEO to obtain assistance on coming up with an accurate (for client’s plans) and acceptable (for USPTO) description of those goods or services. You should also determine which international class or classes are appropriate. You cannot decide these things unilaterally, as the application’s signatory will have to declare that the client has a bona fide intent to use these marks in commerce for the goods or services listed, violation of which is punishable by fine or imprisonment under 18 U.S.C. § 1001. Thus, this will be an interactive, iterative, and ongoing process between you and your client from the start until you submit your project file for my review.

Assignment.

This must be done for the due date as indicated on the Assignments page.

Contact your client’s CEO and do the following, in this order:

  • Do the TEAS tutorial (do not do any searching at this time).
  • Carefully read the PDF version of the TEAS Standard form, consider whether you need any additional information from your client, or whether you have any questions for them.
  • Go to Acceptable Identification of Goods and Services Manual (“Acceptable ID manual”). Determine which international class or classes may apply to your goods. Also, use the Acceptable ID manual to start drafting your identification of goods and/or services.
  • After doing the above, contact your assigned client’s CEO and review your assigned mark and their “raw” listing of goods or services, along with your preliminary thoughts on classes and identification of goods. Find out what the CEO has in mind so that you can meet your corporate client’s needs; adapt your draft accordingly. Take notes, which you should include in your case file (for later submission to me).
  • Take notes and keep track of all emails, as you’ll be required to include these materials in your final Project 1 submission.

Also, in your capacity as Acme, Inc. CEO, you will also be contacted by your assigned “lawyer.” Be responsive to them, timely, and cooperative.

Be cautioned that a lack of professionalism (such as not being responsive) may have a negative impact on your overall score.

Revised and posted to separate page July 19, 2022; date updated 9/4/23