We are seeking a specialized Intellectual Property (IP) Attorney with extensive USPTO experience to lead the brand protection strategy for a pre-launch, premium D2C bedding brand.
Our primary brand name has potential phonetic similarities to a senior registered mark in the same category (Class 24). We need a strategist who can evaluate the "Likelihood of Confusion" risk and advise on a path forward as well as help us in filing the trademark with USPTO with supporting evidence.
Scope of Work:
1. Comprehensive Search & Analysis: Perform a deep-dive clearance search that includes USPTO databases, common law, and "confusingly similar" phonetic variations. We have conducted a search and there is potential for confusion of our brand name with another brand in the same class.
2. Risk Assessment: Provide a formal legal opinion on the registrability of our proposed name vs. existing senior marks.
3. Filing Strategy: Draft and file the application (1b Basis) using 2025 USPTO Trademark Center protocols to avoid surcharges and technical rejections.
4. Office Action Defense: Be prepared to draft persuasive responses to potential "Likelihood of Confusion" or "Mere Descriptiveness" refusals.
Required Skills & Qualifications:
1. US Bar Admission: Must be an active member of a U.S. State Bar in good standing.
2. Specialized Expertise: Proven track record in Class 24 (Textiles/Bedding) or related consumer goods and experience in defending Section 2(d) and Section 2(e) office actions.
3. Strategic Writing: Ability to draft "Evidence of Acquired Distinctiveness" and complex Office Action responses.
Budget:
Flat Fee Budget - $500 for research, legal advice, preparation and filing of our trademark application. This fee excludes the USPTO filing fees.
Office Actions are not included in this contract. We may open a new contract later if an Office Action is issued, with pre-agreed flat fees.
Non-substantive OA: $200 Substantive OA: $300
This way everything is clear and transparent.
If you are open to this job, please send us a message and we will get on a 15 min call to analyse a mutual fit.
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