Ownership
Who actually owns the mark, checked against the facts rather than assumed from the order form. An application filed in the wrong name is void from the start and cannot be fixed by amendment. Founders who file personally when the company owns the brand are the 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 cross state lines. A few sales made to satisfy the USPTO do not count, and purely in-state sales may not support a federal registration. A challenger who shows your first true interstate 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 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. Not doing so may slip by the USPTO, but not by a lawyer later being paid to invalidate your registration.
Lawful use
Products regulated under federal law, including 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
Your filing date is your nationwide priority date, so the choice between filing now on use and filing early on intent is a strategic one, not a form field. Getting these things wrong can be fatal, either at the USPTO or later in a trademark fight with an infringer.
Mark format
Standard characters or a 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.