Ownership
Who actually owns the mark, checked against the facts rather than assumed from the order form. An application filed in the wrong name can be void from the start, beyond saving by amendment. Founders who file personally when the company owns the brand are a common casualty.
Getting the facts right
Goods and services cut back to what is actually true, and first-use dates documented. A knowing false statement to the USPTO can void the whole registration at any point in its life. This is why we give you such a detailed questionnaire at the start.
Use in commerce
Real sales, real dates, and whether those sales count as use in commerce under federal law. A few sales made to satisfy the USPTO do not count, and purely local activity may not qualify. On a use-based filing, a challenger who shows your first qualifying sale came after your filing date can invalidate your registration.
Intent documentation
On an intent-to-use application, the first thing an opponent's lawyer asks for is the hard evidence showing your intent when you filed. Ambit tells you what that record has to show, reviews what you have, and says plainly where it is thin while there is still time to build it.
Specimens
Whether your specimen (the real-world proof of how your mark appears on your product or service) shows the mark functioning as a trademark, rather than as something else, like mere text or decoration. To support a registration, you must show the mark actually being used in interstate commerce as a trademark. A label on a product you actually ship is good; a mock-up or a social post usually isn't. A weak specimen may slip by the USPTO, but not by a lawyer later being paid to invalidate your registration.
Lawful use
Products that are unlawful under federal law, including some hemp and CBD goods, cannabis, and unapproved health products, cannot support a registration no matter how carefully the application is written. Filing services do not screen for this. Ambit does, before you pay for a filing that cannot stand.
Filing basis and timing
Once your registration issues, your filing date generally sets your nationwide priority against later users, so the choice between filing now on use and filing early on intent is a strategic one, not a checkbox. Getting the basis or timing wrong can be fatal, either at the USPTO or later in a trademark fight with an infringer.
Mark format
Standard characters or a special-form (stylized) drawing, chosen for the protection you will want in ten years rather than the logo file you happen to have today. The wrong choice ties your rights to artwork you will redesign, or claims a version of the mark you do not actually use.
Scope of goods and services
The description of what you sell decides how much of the market your registration reaches. Written too narrowly it protects almost nothing worth having. Written too broadly it collides with a senior user or draws a refusal.
Grounds of refusal
Likelihood of confusion, descriptiveness, surname and geographic meaning, and failure to function as a mark. Each is assessed thoroughly, with candid advice when a mark is weak enough that a different one would serve you better.