Exhibits, LegalForce v. Chris DeMassa (TMExpress - Com & UrgentTrademark - Com)

Case 5:18-cv-00043 Document 1-1 Filed 01/03/18 Page 1 of 137
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EXHIBIT C
EXHIBIT D
UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE DIRECTOR OF THE
In the Matter of )
)
Matthew H. Swyers, ) Proceeding No. D2016-20
)
Respondent )
~~~~~~~~~~~-l
FINAL ORDER
Pursuant to 37 C.F.R. § 11.27(b), the Director of the United States Patent and
Trademark Office ("USPTO" or "Office") received for review and approval from the
Director of the Office of Emollment and Discipline ("OED Director") an Affidavit For
Consent Exclusion pursuant to 37 C.F.R. § 11.27, executed by Matthew H. Swyers
("Respondent") on December 20, 2016. Respondent submitted the twelve-page Affidavit
For Consent Exclusion to the USPTO for the purpose of being excluded on consent
pursuant to 37 C.F.R. § 11.27.
For the reasons set forth herein, Respondent's Affidavit For Consent Exclusion
shall be approved, and Respondent shall be excluded on consent from practice before the
Office in trademark and non-patent matters commencing on the date of this Final Order.
Jurisdiction
Respondent, of Vienna, Virginia, is an attorney licensed to practice law in the
Commonwealth of Virginia and the District of Columbia and has practiced before the
USPTO in trademark matters. As such, he is subject to the USPTO Code of Professional

Responsibility, which is set forth at 37 C.F.R. § 10.20 et seq., and the USPTO Rules of
Professional Conduct, which are set forth at 37 C.F.R. §§ 11.101through11.901.1
Pursuant to 35 U.S.C. §§ 2(b)(2)(D) and 32 and 37 C.F.R. § 11.27, the USPTO
Director has the authority to approve Respondent's Affidavit for Consent Exclusion and
to exclude Respondent on consent from the practice of trademark and non-patent matters
before the Office.
Allegations of the Disciplinary Complaint
A disciplinary complaint is pending against Respondent (Proceeding No. 2016-20)
which alleges that:
a. Respondent, an experienced trademark lawyer and former USPTO

Trademark Examining Attorney, established The Trademark
Company, PLLC, and through that business systematically
permitted non-attorneys to practice trademark law for him with little
or no supervision.
b. Respondent, the sole attorney at the company, did not personally

review or sign thousands of trademark applications and related
documents (including statements of use, § 2(f) declarations, and
responses to Office actions) prepared by his non-lawyer employees
and filed with the USPTO, in violation of USPTO signature and
certification rules and despite assurances on the company website
that trademark applicants would be represented by a specialized
attorney.
c. As a result of Respondent's failure to supervise his employees,

multiple fraudulent or digitally manipulated specimens of use were
filed with the Office, which potentially jeopardized the trademark
applications of his clients.
1 The USPTO Code of Professional Responsibility applies to conduct prior to May 3, 2013, and
the USPTO Rules of Professional Conduct apply to conduct on or after May 3, 2013.
2
d. Respondent failed to deposit client funds paid in advance into a

client trust account and improperly split legal fees with his non-
practitioner employees.
e. Respondent failed to respond to lawful requests for information or

cooperate with the investigation conducted by the Office of
Enrollment and Discipline.
Respondent's Affidavit For Consent Exclusion
Respondent acknowledges in his December 20, 2016 Affidavit For Consent
Exclusion that:
1. His consent is freely and voluntarily rendered, and he is not being subjected
to coercion or duress.
2. He is aware that the disciplinary complaint filed against him (Proceeding
No. D2016-20) alleges that he violated the following Disciplinary Rules of the USPTO
Code of Professional Responsibility and/ or the USPTO Rules of Professional Conduct:
a. 37 C.F.R. § 10.23(a) (engaging in disreputable or gross

misconduct by, inter alia: directing or allowing his employees
to prepare, sign, and file trademark applications, responses to
Office Actions, and other trademark documents; directing or
allowing his employees to provide legal advice and guidance
to trademark applicants; and/ or directing or allowing his
employees to communicate with his clients about trademark
search reports and opinions, without his involvement or
supervision; engaging in disreputable or gross misconduct
by, inter alia: failing to comply with the USPTO's electronic
signature rules by not personally electronically signing
trademark applications and trademark documents filed with
the USPTO and, instead, directing or allowing his employees
to sign or forge his electronic signature to the documents,
which resulted in the validity of registered trademarks being
jeopardized; engaging in disreputable or gross misconduct
by, inter alia: directing or allowing his employees to sign or
forge his name to § 2(£) declarations and file the § 2(f)
declarations with the Office, when (i) he knew that the
3
Trademark Examining Attorneys would rely on the

declarations when examining trademark applications and
issuing registrations and when he knew or reasonably should
have known that the validity of an applicants' applications
and registrations were jeopardized by the false and/ or forged
declarations; and/ or (ii) he knew or should have known his
employees did not have adequate knowledge to aver, "The
mark has become distinctive of the goods/ services through
the applicant's substantially exclusive and continuous use in
commerce that the U.S. Congress may lawfully regulate for at
least the five years immediately before the date of this
statement;" engaging in disreputable or gross misconduct by,
inter alia: (i) failing to adequately supervise his employees or
adequately review their work, thus permitting them to create
false or fraudulent specimens and/ or digitally altered images
of marks that did not depict the actual mark as used in
commerce and file these specimens with the Office, and as a
result, in some cases, the USPTO issued trademark
registrations based on the false or fraudulent specimens or
digitally altered marks, putting the validity of the resulting
trademarks in jeopardy, (ii) failing to inform his clients that
their trademark registrations or applications were potentially
invalid and/ or take timely and effective remedial action on
their behalf and/ or offer or provide restitution to them,
and/ or (iii) failing to inform the USPTO of the potentially
invalid applications and/ or registrations that resulted from
the filing of false or fraudulent specimens or digitally altered
marks; engaging in disreputable or gross misconduct by, inter
alia: (i) not informing clients who purchased trademark legal
services from The Trademark Company that their
applications and other trademark documents were not
prepared or reviewed by an attorney prior to being filed with
the Office; and/ or (ii) collecting fees from clients for
trademark legal services that were supposed to be performed
by an attorney when their applications and other trademark
documents were not prepared or reviewed by an attorney
prior to being filed with the Office);
b. 37 C.F.R. § 10.23(b)(4) (engaging in conduct involving

dishonesty, fraud, deceit, or misrepresentation by, inter alia:
not informing clients who purchased trademark legal services
from The Trademark Company that their applications and
other trademark documents were not prepared or reviewed
4
by an attorney prior to being filed with the Office; engaging

in conduct involving dishonesty, fraud, deceit, or
misrepresentation by, inter alia: (i) not personally
electronically signing trademark applications and trademark
documents filed with the USPTO and, instead, directing or
allowing his employees to sign or forge his electronic
signature to the documents, thereby misleading the USPTO,
his clients, and the public into believing that Respondent had
actually signed the trademark application or trademark
document; and/ or (ii) not affirmatively informing the
Trademark Examining Attorney that the actual signatory, the
employee, was not identified on the document; engaging in
conduct involving dishonesty, fraud, deceit, or
misrepresentation by, inter alia: directing or allowing his
employees to sign or forge his name to § 2(f) declarations and
file the § 2(f) declarations with the Office, when (i) he knew
that the Trademark Examining Attorneys would rely on the
issuing registrations, and/ or (ii) he knew or should have
known his employees did not have adequate knowledge to
aver, "The mark has become distinctive of the goods/ services
through the applicant's substantially exclusive and
continuous use in commerce that the U.S. Congress may
lawfully regulate for at least the five years immediately before
the date of this statement;" engaging in conduct involving
(i) failing to adequately supervise his employees or
marks; engaging in conduct involving dishonesty, fraud,
deceit, or misrepresentation by, inter alia: (i) not informing
5
clients who purchased trademark legal services from The

Trademark Company that their applications and other
trademark documents were not prepared or reviewed by an
attorney prior to being filed with the Office; and/ or (ii)
collecting fees from clients for trademark legal services that
were supposed to be performed by an attorney when their
the Office);
c. 37 C.F.R. § 10.23(b)(5) (engaging in conduct prejudicial to the

administration of justice by, inter alia: (i) directing or allowing
his employees to prepare, sign, and file trademark
applications, responses to Office Actions, and other
trademark documents; directing or allowing his employees to
provide legal advice and guidance to trademark applicants;
and/ or directing or allowing his employees to communicate
with his clients about trademark search reports and opinions,
without his involvement or supervision; and/ or (ii) not
reviewing trademark applications and other trademark
documents (e.g., responses to Office Actions) prepared and
filed by his employees before they were filed with the Office;
engaging in conduct prejudicial to the administration of
justice by, inter alia: (i) failing to comply with the USPTO's
electronic signature rules by not personally electronically
signing trademark applications and trademark documents
filed with the USPTO and, instead, directing or allowing his
employees to sign or forge his electronic signature to the
documents, which resulted in the validity of registered
trademarks being jeopardized and/ or (ii) directing or
signature to trademark applications and other trademark
documents knowing that the actual signatory, the employee,
was not identified on the documents contrary to
Respondent's certifications under § 11.18; engaging in
conduct prejudicial to the administration of justice by, inter
alia: directing or allowing his employees to sign or forge his
name to§ 2(f) declarations and file the § 2(f) declarations with
the Office, when (i) he knew that the Trademark Examining
Attorneys would rely on the declarations when examining
trademark applications and issuing registrations; and/ or (ii)
he knew or should have known his employees did not have
adequate knowledge to aver, "The mark has become
6
distinctive of the goods/ services through the applicant's

substantially exclusive and continuous use in commerce that
the U.S. Congress may lawfully regulate for at least the five
years immediately before the date of this statement;" and/ or
(iii) he knew that (a) the actual signatory, the employee, was
not identified on the document and (b) the actual signatory,
the employee, did not have the knowledge to support the
factual contentions found in the declaration; engaging in
alia: (i) failing to adequately supervise his employees or
trademarks in jeopardy, and/ or (ii) failing to inform the
USPTO of the potentially invalid applications and/ or
registrations that resulted from the filing of false or
fraudulent specimens or digitally altered mark);
d. 37 C.F.R. § 10.23(b)(6) (engaging in any other conduct that

adverse! y reflects on the practitioner's fitness to practice
before the Office, by engaging in the conduct referenced in
Count I of the Complaint to the extent that his conduct does
not otherwise violate a provision of the USPTO Code of
Professional Responsibility; engaging in any other conduct
that adversely reflects on the practitioner's fitness to practice
Count II of the Complaint to the extent that his conduct does
that adversely reflects on the practitioner's fitness to practice
Count III of the Complaint to the extent that his conduct does
Professional Responsibility; any other conduct that adversely
reflects on the practitioner's fitness to practice before the
Office, by engaging in the conduct referenced in Count IV of
the Complaint to the extent that his conduct does not
otherwise violate a provision of the USPTO Code of
Professional Responsibility);
7
e. 37 C.F.R. §§ 10.23(a) and (b) via 10.23(c)(2)(ii) (knowingly

giving false or misleading information or knowingly
participating in a material way in giving false or misleading
information to the USPTO or any employee of the USPTO by,
inter alia: directing or allowing his employees to sign or forge
his name to § 2(£) declarations and file the § 2(f) declarations
with the Office, when (i) he knew that the Trademark
Examining Attorneys would rely on the declarations when
examining trademark applications and issuing registrations,
and/ or (ii) he knew or should have known his employees did
not have adequate knowledge to aver, "The mark has become
distinctive of the goods/services through the applicant's
factual contentions found in the declaration);
f. 37 C.F.R. §§ 10.23(a) and (b) via 10.23(c)(15) (violating the

certifications made to the USPTO under 37 C.F.R. § 11.18 by,
his electronic signature to trademark applications and other
trademark documents knowing that the actual signatory, the
employee, was not identified on the documents; violating the
certifications made to the USPTO under 37 C.F.R. § 11.18 by,
his name to § 2(f) declarations and file the § 2(f) declarations
with the Office, knowing that (i) the actual signatory, the
' employee, was not identified on the document and (ii) the
actual signatory, the employee, did not have the knowledge
to support the factual contentions found in the declaration;
violating the certifications made to the USPTO under 37
C.F.R. § 11.18 by, inter alia, failing to adequately supervise his
employees or adequately review their work, thus permitting
them to create false or fraudulent specimens and/ or digitally
altered images of marks that did not depict the actual mark as
used in commerce and file these specimens with the Office);
g. 37 C.F.R. § 10.31(a) (deceiving or misleading prospective

applicants or other persons having immediate or prospective
8
business before the Office by word, circular, letter, or

advertising with respect to prospective business before the
Office by, inter alia: advertising on The Trademark Company's
website that trademark applications would be prepared by an
attorney when Respondent knew that trademark applications
were not prepared or reviewed by an attorney prior to being
filed with the USPTO; engaging in any other conduct that
adversely reflects on the practitioner's fitness to practice
Count V of the Complaint to the extent that his conduct does
Professional Responsibility);
h. 37 C.F.R. § 10.47(a) and (c) (aiding a non-practitioner in the

unauthorized practice of law before the Office by, inter alia: (i)
directing or allowing his employees to prepare, sign, and file
trademark applications, responses to Office Actions, and
other trademark documents; directing or allowing his
employees to provide legal advice and guidance to trademark
applicants; and/ or directing or allowing his employees to
communicate with his clients about trademark search reports
and opinions, without his involvement or supervision;
and/ or (ii) not reviewing trademark applications and other
trademark documents (e.g., responses to Office Actions)
prepared and filed by his employees before they were filed
with the Office);
i. 37 C.F.R. § 10.48 (sharing legal fees with a non-practitioner by

paying employees non-discretionary monthly bonuses tied to
the proceeds generated by the trademark legal services
provided to applicants with whom they interacted);
j. 37 C.F.R. § 10.77(b) (handling a legal matter without

preparation adequate under the circumstances by, inter alia:
failing to comply with the USPTO' s electronic signature rules
by not personally electronically signing trademark
applications and trademark documents filed with the USPTO
and, instead, directing or allowing his employees to sign or
forge his electronic signature to the documents, which
resulted in the validity of registered trademarks being
jeopardized);
9
k. 37 C.F.R. § 10.77(c) (neglecting client matters by, inter alia: not

reviewing trademark applications, responses to Office
Actions, and other trademark documents prepared and filed
by his employees before they were filed with· the Office;
neglecting client matters by, inter alia: (i) failing to adequately
supervise his employees or adequately review their work,
thus permitting them to create false or fraudulent specimens
and/ or digitally altered images of marks that did not depict
the actual mark as used in commerce and file these specimens
with the Office, and as a result, in some cases, the USPTO
issued trademark registrations based on the false or
fraudulent specimens or digitally altered marks, putting the
validity of the resulting trademarks in jeopardy, and/ or (ii)
failing to inform his clients that their trademark registrations
or applications were potentially invalid and/ or take timely
and effective remedial action on their behalf and/ or offer or
provide restitution to them);
1. 37 C.F.R. § 10.84(a)(l) (intentionally failing to seek the lawful

objectives of a client through reasonably available means
permitted by law by, inter alia: intentionally failing to inform
his clients that their trademark registrations or applications
were potentially invalid and/ or take timely and effective
remedial action on their behalf and/ or offer or provide
restitution to them);
m. 37 C.F.R. § 10.84(a)(3) (intentionally prejudicing or damaging

the client during the course of a professional relationship by,
inter alia: intentionally failing to inform his clients that their
trademark registrations or applications were potentially
their behalf and/ or offer or provide restitution to them);
n. 37 C.F.R. § 10.89(c)(6) (intentionally or habitually violating

any provision of the USPTO Code of Professional
Responsibility while appearing in a professional capacity
before a tribunal by, inter alia: (i) directing or allowing his
employees to prepare, sign, and file trademark applications,
responses to Office Actions, and other trademark documents;
directing or allowing his employees to provide legal advice
and guidance to trademark applicants; and/ or directing or
allowing his employees to communicate with his clients about
trademark search reports and opinions, without his
10
involvement or superv1s10n; and/ or (ii) not reviewing

trademark applications, responses to Office Actions, and
other trademark documents prepared and filed by his
employees before they were filed with the Office;
intentionally or habitually violating any provision of the
USPTO Code of Professional Responsibility while appearing
in a professional capacity before a tribunal by, inter alia: failing
to comply with the USPTO's electronic signature rules by not
personally electronically signing trademark applications and
trademark documents filed with the USPTO and, instead,
directing or allowing his employees to sign or forge his
electronic signature to the documents, which resulted in the
validity of registered trademarks being jeopardized;
in a professional capacity before a tribunal by, inter alia:
directing or allowing his employees to sign or forge his name
to § 2(f) declarations and file the § 2(f) declarations with the
Office, when (i) he knew that the Trademark Examining
Attorneys would rely on the declarations when examining
trademark applications and issuing registrations, and/ or (ii)
he knew or should have known his employees did not have
adequate knowledge to aver, "The mark has become
years immediately before the date of this statement;";
in a professional capacity before a tribunal by, inter alia: (i)
failing to adequately supervise his employees or adequately
review their work, thus permitting them to create false or
fraudulent specimens and/ or digitally altered images of
marks that did not depict the actual mark as used in
fraudulent specimens or digitally altered marks);
11
o. 37 C.F.R. § 10.112(a) (failing to deposit legal fees paid in

advance into a separate client trust account by depositing
them instead into The Trademark Company's operating
account);
p. 37 C.F.R. § 11.101 (failing to provide competent

representation by, inter alia: not reviewing trademark
trademark documents prepared and filed by his employees
before they were filed with the Office; failing to provide
competent representation by, inter alia: failing to comply with
the USPTO's electronic signature rules by not personally
signature to the documents, which resulted in the validity of
registered trademarks being jeopardized; failing to provide
competent representation by, inter alia: directing or allowing
his employees to sign or forge his name to § 2(f) declarations
and file the § 2(£) declarations with the Office, when (i) he
knew that the Trademark Examining Attorneys would rely on
the declarations when examining trademark applications and
issuing registrations and when he knew or reasonably should
have known that the validity of the applicants' applications
and registrations were jeopardized by the false declarations;
failing to provide competent representation by, inter alia: (i)
failing to adequately supervise his employees or adequately
review their work, thus permitting them to create false or
fraudulent specimens and/ or digitally altered images of
marks that did not depict the actual mark as used in
trademarks in jeopardy, and/ or (ii) failing to inform his
clients that their trademark registrations or applications were
potentially invalid and/ or take timely and effective remedial
action on their behalf and/ or offer or provide restitution to
them);
q. 37 C.F.R. § 11.104(a) (failing to keep his client reasonably

informed by, inter alia: (i) not informing Ms. Teague of the
Office Action received on her behalf in U.S. Trademark
12
Application No. 86/287,301 and by not informing her that he

had filed substitute specimens without confirming with her
whether the substitute specimens depicted her mark as used
in commerce, and/ or (ii) failing to inform his clients that their
trademark registrations or applications were potentially
their behalf and/ or offer or provide restitution to them);
r. 37 C.F.R. § 11.115(a) (failing to hold property of a client or

third person that is in the lawyer's possession in connection
with a representation separate from the lawyer's own
property, by depositing fees paid in advance by clients for
trademark legal services and costs into his operating account);
s. 37 C.F.R. § ll.115(c) (failing to deposit into a client trust

account legal fees and expenses that have been paid in
advance, to be withdrawn by the practitioner only as fees are
earned or expenses incurred, by depositing fees paid in
advance by clients for trademark legal services and costs into
his operating account);
t. 37 C.F.R. § ll.303(a)(l) (knowingly making a false statement

of fact to a tribunal or failing to correct a false statement of
material fact previously made to the tribunal by the
practitioner by, inter alia: failing to inform the USPTO of the
potentially invalid applications and/ or registrations that
resulted from the filing of false or fraudulent specimens or
digitally altered marks);
u. 37 C.F.R. § ll.303(d) (failing, in an ex parte proceeding, to

inform the tribunal of all material facts known to the
practitioner that will enable the tribunal to make an informed
decision, even if the facts are adverse by, inter alia: directing
or allowing his employees to sign or forge his name to § 2(f)
declarations and file the § 2(f) declarations with the Office,
when (i) he knew that the Trademark Examining Attorneys
would rely on the declarations when examining trademark
applications and issuing registrations and/ or (ii) he knew or
should have known his employees did not have adequate
knowledge to aver, "The mark has become distinctive of the
goods/services through the applicant's substantially
exclusive and continuous use in commerce that the U.S.
Congress may lawfully regulate for at least the five years
13
immediately before the date of this statement;"; failing, in an

ex parte proceeding, to inform the tribunal of all material facts
known to the practitioner that will enable the tribunal to make
an informed decision, even if the facts are adverse, by, inter
alia, failing to inform the USPTO of the potentially invalid
applications and/ or registrations that resulted from the filing
of false or fraudulent specimens or digitally altered marks);
v. 37 C.F.R. § 11.503(a) (failing to make reasonable efforts to

ensure that The Trademark Company had in effect measures
giving reasonable assurance that its employees' conduct was
compatible with Respondent's professional obligations, as is
required by him as a partner or a person of comparable
managerial authority of The Trademark Company by, inter
alia: failing to adequately supervise his employees or
trademarks in jeopardy);
w. 37 C.F.R. § 11.503(b) (failing to make reasonable efforts to

ensure that the conduct of The Trademark Company
employees over whom he had direct supervisory authority
was compatible with Respondent's professional obligations
by, inter alia: failing to adequately supervise his employees or
trademarks in jeopardy);
x. 37 C.F.R. § 11.503(c) (ordering or ratifying the conduct of the

employees of The Trademark Company which would have
been a violation of the USPTO Rules of Professional Conduct
had it been committed by a practitioner, and/ or failing to take
remedial measures once he learned of the conduct by, inter
14
alia: (i) failing to adequately supervise his employees or

marks);
y. 37 C.F.R. § 11.504(a) (sharing legal fees with a non-

practitioner by paying employees non-discretionary monthly
bonuses tied to the proceeds generated by the trademark legal
services provided to applicants with whom they interacted);
z. 37C.F.R.§11.505 (assisting other persons in the unauthorized

practice of law before the USPTO by, inter alia: (i) directing or
allowing his employees to prepare, sign, and file trademark
filed by his employees before they were filed with the Office);
aa. 37 C.F.R. § 11.701 (making false or misleading

communications about the practitioner or the practitioner's
services by, inter alia: advertising on The Trademark
Company's website that trademark applications would be
prepared by an attorney when Respondent knew that
trademark applications were not prepared or reviewed by an
attorney prior to being filed with the USPTO);
15
bb. 37 C.F.R. §11.SOl(b) (failing to respond to lawful requests for

information and failing to cooperate with OED by inter alia: (i)
telling a witness not to talk to OED; (ii) falsely telling potential
witnesses that talking to OED could affect their trademark
rights; (iii) withholding the names of former employees for
months; and/ or (iv) not providing OED with the documents
it sought (invoices, employment agreements, correspondence
about§ 2(£) declarations, and/ or a privilege log));
cc. 37 C.F.R. § ll.804(c) (engaging in conduct involving

not informing clients who purchased trademark legal services
from The Trademark Company that their applications and
other trademark documents were not prepared or reviewed
by an attorney prior to being filed with the Office; engaging
in conduct involving dishonesty, fraud, deceit, or
misrepresentation by, inter alia: (i) not personally
signature to the documents, thereby misleading the USPTO,
his clients, and the public into believing that Respondent had
actually signed the trademark application or trademark
document; and/ or (ii) not affirmatively informing the
Trademark Examining Attorney that the actual signatory, the
employee, was not identified on the document; engaging in
conduct involving dishonesty, fraud, deceit, or
misrepresentation by, inter alia: directing or allowing his
employees to sign or forge his name to § 2(£) declarations and
file the § 2(f) declarations with the Office, when (i) he knew
that the Trademark Examining Attorneys would rely on the
issuing registrations, and/ or (ii) he knew or should have
known his employees did not have adequate knowledge to
aver, "The mark has become distinctive of the goods/ services
through the applicant's substantially exclusive and
continuous use in commerce that the U.S. Congress may
lawfully regulate for at least the five years immediately before
the date of this statement;" engaging in conduct involving
dishonesty, fraud, deceit, or misrepresentation, by, inter alia:
(i) failing to adequately supervise his employees or
16

marks; engaging in conduct involving dishonesty, fraud,
deceit, or misrepresentation by, inter alia: (i) not informing
clients who purchased trademark legal services from The
Trademark Company that their applications and other
trademark documents were not prepared or reviewed by an
attorney prior to being filed with the Office; and/ or (ii)
collecting fees from clients for trademark legal services that
were supposed to be performed by an attorney when their
the Office; engaging in conduct involving dishonesty, fraud,
deceit, or misrepresentation by, inter alia, falsely telling
potential witnesses that talking to OED could affect their
trademark rights);
dd. 37 C.F.R. § 11.804(d) (engaging in conduct prejudicial to the

administration of justice by, inter alia: (i) directing or allowing
his employees to prepare, sign, and file trademark
filed by his employees before they were filed with the Office;
engaging in conduct prejudicial to the administration of
justice by, inter alia: (i) failing to comply with the USPTO's
electronic signature rules by not personally electronically
signing trademark applications and trademark documents
17
filed with the USPTO and, instead, directing or allowing his

employees to sign or forge his electronic signature to the
documents, which resulted in the validity of registered
trademarks being jeopardized and/ or (ii) directing or
signature to trademark applications and other trademark
documents knowing that the actual signatory, the employee,
was not identified on the documents contrary to
Respondent's certifications under § 11.18; engaging in
conduct that is prejudicial to the administration of justice by,
his name to § 2(f) declarations and file the § 2(f) declarations
with the Office, when (i) he knew that the Trademark
Examining Attorneys would rely on the declarations when
examining trademark applications and issuing registrations,
and/ or (ii) he knew or should have known his employees did
not have adequate knowledge to aver, "The mark has become
factual contentions found in the declaration; engaging in
conduct that is prejudicial to the administration of justice by,
inter alia: (i) failing to adequately supervise his employees or
fraudulent specimens or digitally altered marks; engaging in
aliri: (i) telling a witness not to talk to OED; (ii) falsely telling
potential witnesses that talking to OED could affect their
trademark rights; (iii) withholding the names of former
employees for months; and/ or (iv) not providing OED with
18
the documents it sought (invoices, employment agreements,

correspondence about § 2(f) declarations, and/ or a privilege
log));
ee. 37 C.F.R. § 11.804(i) (engaging in any other conduct that

adversely re£1ects on the practitioner's fitness to practice
Count I of the Complaint, to the extent that the conduct does
not otherwise violate another provision of the USPTO Rules
of Professional Conduct; engaging in any other conduct that
adversely refiects on the practitioner's fitness to practice
Count II of the Complaint, to the extent that the conduct does
of Professional Conduct; engaging in any other conduct that
adversely refiects on the practitioner's fitness to practice
Count III of the Complaint to the extent that his conduct does
not otherwise violate a provision of the USPTO Rules of
Professional Conduct; engaging in any other conduct that
adverse] y refiects on the practitioner's fitness to practice
Count IV of the Complaint to the extent that his conduct does
that adversely refiects on the practitioner's fitness to practice
Count V of the Complaint, to the extent that the conduct does
of Professional Conduct; other conduct that adversely refiects
on the practitioner's fitness to practice before the Office, by
engaging in the acts and omissions described in Count VIII
above).
3. Without admitting that he violated any of the Disciplinary Rules of the USPTO
Code of Professional Responsibility and/ or the Rules of Professional Conduct which are
the subject of the disciplinary complaint in Proceeding No. D2016-20, he acknowledges
that, if and when he applies for reinstatement to practice before the USPTO in trademark
or other non-patent matters under 37 C.F.R. § 11.60, the OED Director will conclusively
19
presume, for the limited purpose of determining the application for reinstatement, that
(a) the allegations regarding him in the complaint filed in Proceeding No. D2016-20 are
true and (b) he could not have successfully defended himself against such allegations.
4. He has fully read and understands 37 C.F.R. §§ 11.5(b), 11.27, 11.58, 11.59, and
11.60, and is fully aware of the legal and factual consequences of consenting to exclusion
from practice before the USPTO in trademark and non-patent matters.
5. He consents to being excluded from practice before the USPTO in trademark
and non-patent matters.
Exclusion on Consent
Based on the foregoing, the USPTO Director has determined that Respondent's
Affidavit For Consent Exclusion complies with the requirements of 37 C.F.R. § 11.27(a).
Accordingly, it is hereby ORDERED that:
1. Respondent's Affidavit For Consent Exclusion shall be, and hereby is,
approved;
2. Respondent shall be, and hereby is, excluded on consent from practice
before the Office in trademark and non-patent matters commencing on the date of this
Final Order;
3. The OED Director shall electronically publish the Final Order at the Office
of Enrollment and Discipline's electronic FOIA Reading Room, which is publicly
accessible at http://e-foia.uspto.gov/Foia/ OEDReadingRoom.jsp;
4. The OED Director shall publish a notice in the Official Gazette that is
materially consistent with the following:
20
Notice of Exclusion on Consent
This notice concerns Matthew H. Swyers of Vienna, Virginia, an

attorney licensed to practice law in the Commonwealth of Virginia
and the District of Columbia and practicing before the United States
Patent and Trademark Office ("USPTO" or "Office) in trademark
matters. The Director of the USPTO has accepted Mr. Swyers'
affidavit for consent exclusion and ordered his exclusion on consent
from practice before the Office in trademark and non-patent matters.
Mr. Swyers voluntarily submitted his affidavit at a time when a

disciplinary complaint was pending against him. The complaint
alleged that Mr. Swyers, an experienced trademark lawyer and
former USPTO Trademark Examining Attorney, established The
Trademark Company, PLLC, and through that business
systematically permitted non-attorneys to practice trademark law
for him with little or no supervision. The complaint alleged that Mr.
Swyers, the sole attorney at the company, did not personally review
or sign thousands of trademark applications and related documents
(including statements of use, § 2(f) declarations, and responses to
Office actions) prepared by his non-lawyer employees and filed with
the USPTO, in violation of USPTO signature and certification rules
and despite assurances on the company website that trademark
applicants would be represented by a specialized attorney. Further,
the complaint alleged that, as a result of Mr. Swyers' failure to
supervise his employees, multiple fraudulent or digitally
manipulated specimens of use were filed with the Office, which
potentially jeopardized the trademark applications of his clients. The
complaint also asserted that Mr. Swyers failed to deposit client funds
paid in advance into a client trust account and improperly split legal
fees with his non-practitioner employees. Finally, the complaint
alleged that Mr. Swyers failed to respond to lawful requests for
information or cooperate with the investigation conducted by the
Office of Enrollment and Discipline.
Mr. Swyers' affidavit acknowledged that the disciplinary complaint

filed against him alleged that his conduct violated the following
provisions of the USPTO Code of Professional Responsibility, for
conduct prior to May 3, 2013: 37 C.F.R. §§ 10.23(a) (engaging in
disreputable or gross misconduct); 10.23(b)(4) (engaging in conduct
involving dishonesty, fraud, deceit, or misrepresentation);
21
10.23(b)(5) (engaging in conduct prejudicial to the administration of

justice); 10.23(a) and (b) via 10.23(c)(2)(ii) (knowingly giving false or
misleading information or knowingly participating in a material
way in giving false or misleading information to the USPTO or any
employee of the USPTO); 10.23(a) and (b) via 10.23(c)(15) (violating
the certifications made to the USPTO under 37 C.F.R. § 11.18);
10.31(a) (deceiving or misleading prospective applicants or other
persons having immediate or prospective business before the Office
by advertising with respect to prospective business before the
Office); 10.47(a) and (c) (aiding a non-practitioner in the
unauthorized practice of law before the Office); 10.48 (sharing legal
fees with a non-practitioner); 10.77(b) (handling a legal matter
without preparation adequate under the circumstances); 10.77(c)
(neglecting client matters); 10.84(a)(1) (intentionally failing to seek
the lawful objectives of a client); 10.84(a)(3) (intentionally
prejudicing or damaging the client during the course of a
professional relationship); 10.89(c)(6) (intentionally or habitually
violating any provision of the USPTO Code of Professional
Responsibility while appearing in a professional capacity before a
tribunal); 10.112(a) (failing to deposit legal fees paid in advance into
a separate client trust account); and 10.23(b)(6) (engaging in other
conduct that adversely reflects on the practitioner's fitness to
practice before the Office).
Mr. Swyers's affidavit also acknowledged that the disciplinary

complaint alleged that his conduct violated the following provisions
of the USPTO Rules of Professional Conduct, for conduct on or after
May 3, 2013: 37 C.F.R. §§ 11.101 (failure to provide competent
representation); 11.104(a)(3) (failing to keep the clients reasonably
informed about the status of a matter); 11.115(a) (failing to hold
property of a client or third person that is in the lawyer's possession
in connection with a representation separate from the lawyer's own
property); 11.115(c) (failing to deposit into a client trust account legal
fees and expenses that have been paid in advance, to be withdrawn
by the practitioner only as fees are earned or expenses incurred);
11.303(a)(1)(knowingly making a false statement of fact to a tribunal
or failing to correct a false statement of material fact previously made
to the tribunal); 11.303( d) (failing, in an ex parte proceeding, to inform
the tribunal of all material facts known to the practitioner that will
enable the tribunal to make an informed decision, even if the facts
are adverse); 11.503(a) (failing to make reasonable efforts to ensure
that The Trademark Company had in effect measures giving
reasonable assurance that its employees' conduct was compatible
22
with Respondent's professional obligations); 11.503(b) (failing to

make reasonable efforts to ensure that the conduct of The Trademark
Company employees over whom he had direct supervisory
authority was compatible with Respondent's professional
obligations); 11.503(c) (ordering or ratifying the conduct of the
employees of The Trademark Company which would have been a
violation of the USPTO Rules of Professional Conduct had it been
committed by a practitioner, and/ or failing to take remedial
measures once he learned of the conduct); 11.504(a) (sharing legal
fees with a non-practitioner); 11.505 (aiding in the unauthorized
practice of law before the USPTO); 11.701 (making false or
misleading communications about the practitioner or the
practitioner's services); 11.801 (b) (failing to cooperate with the Office
of Emollment and Discipline in an investigation); 11.804(c)
(engaging in conduct involving dishonesty, fraud, deceit or
misrepresentation); 11.804(d) (engaging in conduct that is prejudicial
to the administration of justice); and 11.804(i) (engaging in the acts
and omissions that adversely reflect on Respondent's fitness to
practice before the Office).
While Mr. Swyers did not admit to violating any of the Disciplinary
Rules of the USPTO Code of Professional Responsibility or the
USPTO Rules of Professional Conduct as alleged in the pending
disciplinary complaint, he acknowledged that, if and when he
applies for reinstatement, the OED Director will conclusively
presume, for the limited purpose of determining the application for
reinstatement, that (i) the allegations set forth in the OED
investigation against him are true, and (ii) he could not have
successfully defended himself against such allegations.
This action is taken pursuant to the provisions of 35 U.S.C.

§§ 2(b)(2)(D) and 32, and 37 C.F.R. §§ 11.27 and 11.59. Disciplinary
decisions involving practitioners are posted for public reading at the
Office of Enrollment and Discipline Reading Room, available at:
http://go.usa.gov/x9rhg.
5. Respondent shall comply fully with 37 C.F.R. § 11.58; and
23
6. Respondent shall comply fully with 37 C.F.R. § 11.60 upon any request for
reinstatement.
~
David Shewchuk
Deputy General Counsel for General Law
'2~ 1~11
Date
20\ l
United States Patent and Trademark Office
on behalf of
Michelle K. Lee
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
cc:
Director of the Office of Emollment and Discipline

U.S. Patent and Trademark Office
Danny M. Howell
Robert Jackson Martin IV
Anne M. Sterba
Law Office of Danny M. Howell, PLLC
2010 Corporate Ridge, Suite 700
Mclean, VA 22102
Counsel for Matthew H. Swyers
24
EXHIBIT E

BEFORE THE DIRECTOR
OF THE UNITED STATES PATENT AND TRADEMARK OFFICE
In the Matter of )
)
Tracy W. Druce, )
) Proceeding No. D2014-13
Respondent )
)
FINAL ORDER
The Director of the Office of Enrollment and Discipline ("OED Director") for the United
States Patent and Trademark Office ("USPTO" or "Office") and Tracy W. Druce ("Respondent")
have submitted a Proposed Settlement Agreement ("Agreement") to the Under Secretary of
Commerce for Intellectual Property and Director of the United States Patent and Trademark
Office ("USPTO Director") for approval.
The Agreement, which resolves all disciplinary action by the USPTO arising from the
stipulated facts set forth below, is hereby approved. This Final Order sets forth the parties'
stipulated facts, legal conclusion, and agreed upon sanction.
Jurisdiction
1. At all times relevant hereto, Respondent of Houston, Texas, was a registered

patent attorney (Registration No. 35,493) and was subject to the USPTO Code of Professional
Responsibility, which is setforth at 37 C.F.R. § 10.20 et seq]
2. The USPTO Director has jurisdiction over this matter pursuant to 35 U.S.C.
§§ 2(b)(2)(D) and 32 and37 C.F.R. §§ 11.19 and 11.26.
Stipulated Facts
3. The USPTO registered Respondent as a patent attorney on March 24, 1992.
4. Respondent's registration number is 35,493.
5. In 2004, Respondent established a law firm, Novak Druce LLP.
6. In 2005, Noval, Druce LLP became Novak, Druce & Quigg LLP.
1 The USPTO Code of Professional Responsibility applies to Respondent's alleged misconduct

that OCCUlTed prior to May 3, 2013. The USPTO Rules of Professional Conduct, 37 C.F.R.
§ 11.101 et seq., apply to it practitioner's misconduct occufl'ing after May 2,2013.
7, At all times relevant to this Agreement, anon-lawyer assistant,

worked for Respondent at Novak Druce LLP and Novak, Druce & Quigg LLP from 2004
through late 2006, hereinafter referred to as "the non-lawyer assistant,")
8, At all relevant times, Respondent was responsible for the supervision of the
non-lawyer assistant.
9, From at least 2004 through 2006, the non-lawyer assistant submitted, with intent
to deceive, knowingly false statements to the Office in many patent applications that Respondent
was responsible for prosecuting on behalf of clients,
10, The non-lawyer assistant submitted the following types offalse statements to the
Office in patent applications that Respondent was responsible for prosecuting:
a, fabricating email COnfilnlation messages and submitting the fabricated emails

to the Office as evidence that papers had been sent to the Office via facsimile
transmission when, in fact, the papers were never sent to the Office;
b, affixing USPTO receipt stamps to postcards and submitting the doctored

postcard receipts to the Office as evidence that the Office had received papers
when, in fact, the papers were never sent to the Office;
c, fabricating a United States Postal Service Express Mail label that falsely
represented a patent application had been mailed to the Office on a certain
date when, in fact, the application had never been sent to the Office; and
d, backdating certificates of mailing that falsely represented that papers had been
mailed to the Office weeks and/or months earlier than they actually had been
sent.
11. Additionally, the non-lawyer assistant signed Respondent's signature to papers

filed with the Office in many patent applications that Respondent was responsible for
prosecuting on behalf of clients, .
12, Additionally, the non-lawyer assistant electronically "cut and pasted" a digital
version of Respondent's signature and affixed it to papers filed with the Office in many patent
applications that Respondent was responsible for prosecuting on behalf of clients,
13, Additionally, the non-lawyer assistant prepared petitions; signed Respondent's

name to the petitions and/or affixed a digital version of Respondent's signature to the petitions;
and filed the petitions in the Office,
2
14. Respondent knew that the non-lawyer assistant had signed Respondent's name to
application papers submitted to the Office in many patent applications that Respondent was
responsible for prosecuting on behalf of clients.
15. The non-lawyer assistant represented in a declaration that he engaged in the'

misconduct described in paragraphs 9-12, above, without Respondent's lmowledge.
16. Respondent represents that he did not know of the non-lawyer assistant's
misconduct described in paragraphs 9-12, above, and the non-lawyer assistant represents that he
acted alone and kept his misconduct secret from Respondent.
17. Respondent acJmowledges he did not adequately supervise the non-lawyer

assistant's activities.
18. Previously, Respondent completed and returned to the OED Director the USPTO
Mandatory Survey (Form PTO 107S) issued under 37 C.F.R. § 11.1 1(a)(2). Respondent
indicated on the survey that he did not wish to remain on the register of registered practitioners
(37 C.F.R. § 11.5), and the OED Director removed Respondent from the register. Accordingly,
ptlrsuant to 37 C.F.R. § 11.10(a), Respondent is not permitted to prosecute patent applications of
others before the Office or represent others in any proceedings before the Office unless and until
he is reinstated to the register.
Joint Legal Conclusion
19. Respondent aclmowledgeS' that, based on the above stipulated facts, he violated
37 C.F.R. § 1O.77(c) (a practitioner shall not neglect a legal matter entrusted to the practitioner)
by not adequately supervising his non-lawyer assistant.
Agreed Upon Sanction
20. Respondent agrees, and it is hereby ORDERED that:
a. If Respondent seeks reinstatement to the Office's register of practitioners under

37 C.F.R. § 11.7, Respondent shall be suspended from practice before the Office
in patent, trademark, and other non-patent matters for twenty-four (24) months
commencing on the date that a request for Respondent's reinstatement to the
re gister is granted;
b. The 24-month suspension, which is contingent upon Respondent seeking and

being granted reinstatement, shall be stayed;
c. Respondent shall serve a twenty-four (24) month period of probation commencing

on the date that a request for Respondent's reinstatement to the register is granted;
3
d. Respondent shall be permitted to practice before the USPTO in patent, trademark,

and other non-patent matters during his probationary period unless his probation
is revoked and he is suspended by order of the USPTO Director or otherwise no
longer has the authority to practice;
e. When and if Respondent seeks reinstatement pursuant to 37 C.F.R. § 11.7, the

present disciplinary proceeding will not be a basis for barring his reinstatement
provided that Respondent complies with the terms of the Final Order;
f. Respondent shall provide certain information to certain present and former

client(s) as set forth in subparagraphs i. through aa., below;
g. Respondent shall use his best efforts to identifY each patent application that
Respondent prosecuted before the Office at any time between January 1,2004,
and December 31, 2006, that meet all of the following three conditions:
(1) The Office received between January 1,2004, and December31,

2006, any of the following: (i) a petition to revive an abandoned application, (ii) a
petition to withdraw the holding of abandomnent; and/or (iii) a petition for
extension of time where the petition for extension of time was transmitted to the
Office by the non-lawyer assistant and where the petition for extension of time's
transmittal date preceded the Office's receipt date by more than thirty (30) days;
(2) The non-lawyer assistant transmitted any paper in the application

to the Office at any time between January 1,2004, and December 31, 2006; and
(3) The Office issued a patent on the application at any time;
h. For each patent application identified by Respondent pursuant to the preceding

subparagraph, Respondent shall identify the present client(s) and former client(s)
for whom patent legal services on the application were performed;
i. For each present and former client(s) identified by Respondent pursuant to the
preceding subparagraph, Respondent shall provide each such present and former
client(s) with the following documents:
(1) A copy of the Apri110, 2014 declaration executed by the

non-lawyer assistant with the patent application serial numbers redacted; and
(2) A copy of the redacted Final Order;
j. Respondent shall also provide unambiguous written notification to the present and
former client(s) that Respondent represented in connection with U.S. Patent
4
Application No _ _ of the specific false statements described in

~ 14 of the April 10, 2014 declaration;2
k. Respondent shall also provide unambiguous written notification to the present and
former client(s) that Respondent repres'ented in connection with
U.S. Patent Application No. _ o f the specific potentially false
statements described in ~ 15 of the April 10, 2014 declaration;
Application N 0._
1. Respondent shall also provide unambiguous written notification to the present and
of the specific potentially false statements described
in ~ 15 of the April! 0,2014 declaration;
m. Respondent shall also provide unambiguous written notification to the present and
Application No._ofthe specific potentially false statements described
in ~ 15 of the April 10, 2014 declaration;
n. Respondent shall also provide unambiguous written notification to the present and
former client(s) ~dent represented in connection with U.S. Patent
Application N o . _ of the specific potentially false statements described
o. Respondent shall also provide unambiguous written notification to the present and
Application No. _ o f the specific potentially false statements described
p. Respondent shall also provide unambiguous written notification to the present and
Application No._ofthe specific potentially false statements described
in ~ 16 of the April 10, 2014 declaration and the potential backdating of
certificates of mailing described in ~ 17 of the Apri110, 2014 declaration;
q. Respondent shall also provide unambiguous written notification to the present and
Application No. _ o f the potential backdating of certificates of mailing
described in ~ 17 of the April 10, 2014 declaration; ,
r. Respondent shall also provide unambiguous written notification to the present and
2~application serial number identified in ~ 14~ 10,2014 declaration as

" _ " is incorrect. The correct serial number i s _
5
Application No, _ o f the potential backdating of certificates of mailing

described in 'If 17 of the April 10, 2014 declaration;
s, Respondent shall also provide unambiguous written notification to the present and
former client(s) that Respondent represented in connection with U,S, Patent
Application N o , _ o f t h e potential backdating of certificates of mailing
t, Respondent shall also provide unambiguous written notification to the present and
former client(s) that Respondent represented in counection with U, S, Patent
described in 'If 17 of the Apri110, 2014 declaration;
u, Respondent shall also provide unambiguous written notification to the present and
fornier client(s) ~dent represented in connection with ofU,S, Patent
described in 'If 17 ofthe April 10, 2014 declaration;
v, Respondent shall also provide unambiguous written notification to the present and
former client(s) that Respondent represented in connection with U,S, Patent
w, Respondent shall also provide unambiguous written notification to the present and
former client(s) ~dent represented in counection with U,S, Patent
Application N o , _ of the potential backdating of certificates of mailing
described in 'If 17 ofthe April 10, 2014 declaration;
x, Respondent shall also provide unambiguous written notification to the present and
former client(s) that Respondent represented in connection with ofU,S, Patent
described in 'If 17 of the April 10, 2014 declaration; ,
y. Respondent shall also provide unambiguous written notification to the present and
Application No. _ o f the potential backdating of certificates of mailing
described in 'If 17 of the Apri110, 2014 declaration;
z. Respondent shall also provide unambiguous written notification to the present and
Application N o . _ o f t h e potential backdating of certificates of mailing
described in 'If 17 of the Apri110, 2014 declaration;3 ,
3 The patent application serial number identified in ~ 14 of the Apri110, 2014 declaration as
' _ ' is incorrect. The correct serial number i s _
6
aa. Respondent shall also provide unambiguous written notification to the present and
former client(s) ~dent represented in connection with U.S. Patent
Application N o . _ o f t h e potential backdating of certificates of mailing
described in ~ 17 of the April 10, 2014 declaration;
bb. Within 120 days of the day that the Final Order is signed, Respondent shall
submit the following to the OED Director: (1) an affidavit or declaration attesting
to his compliance with the terms of this Agreement and the Final Order for
notifying present and former client(s) as set forth in subparagraphs i. through aa.,
above, and (2) a copy of the correspondence to clients, including the written
notifications transmitted to the current and former client(s), evidencing his
compliance with the terms of this Agreement and the Final Order for notifying
present and former client(s); the client correspondence provided to the OED in
accordance with this subparagraph shall be marked "CONFIDENTIAL" by the
Respondent, and the OED shall keep the correspondence confidential;
cc. (1) lfthe OED Director is of the good faith opinion that Respondent, during
Respondent's probationary period, failed to comply with any provision of the
Agreement, this Final Order, or any provision of the USPTO Rules of
Professional Conduct, the OED Director shall:
.(A) Issue to Respondent an Order to Show Cause why the USPTO

Director should not enter an order immediately suspending Respondent for up
to twenty-four (24) months for the violation set forth in paragraph 19, above;
(B) Send the Order to Show Cause to Respondent at the last

address of record Respondent furnished to the OED Director pursuant to
. 37 C.F.R. § 11.11; and
(C) Grant Respondent thirty (30) days to respond to the Order to

Show Cause; and
(2) In the event that after the 3 O-day period for response and consideration of the
response, if any, received from Respondent, the OED Director continues to be of
the opinion·that Respondent, during Respondent's probationary period, failed to
comply with any provision of the Agreement, this Final Order, or any provision of
the USPTO Rilles of Professional Conduct, the OED Director shall:
(A) Deliver to the USPTO Director: (i) the Order to Show Cause;
(ii) Respondent's response to the Order to Show Cause, if any; and
(iii) argument and evidence causing the OED Director to be of the opinion that
Respondent, during Respondent's probationary period, failed to comply with
any provision of the Agreement, Final Order, or any provision of the USPTO
Rules of Professional Conduct; and
7
(B) Request that the USPTO Director enter an order immediately

suspending Respondent for up to twenty-four (24) months for the violation set .
forth in paragraph 19, above;
dd. Nothing herein shall prevent the OED Director from seeking discipline for the
misconduct leading to Respondent's suspension pursuant to the preceding
subparagraph;
ee. In the event the USPTO Director suspends Respondent pursuant to subparagraph
cc., above, and Respondent seeks a review of the suspension, any such review of
the suspension shall not operate to postpone or otherwise hold in abeyance the
suspension;
ff. The OED Director shall comply with 37 C.F.R. § 11.59 exceptthat.
and all patent application serial numbers shall be redacted
from the Final Order.
gg. The OED Director shall electronically publish the Final Order at the Office of
Enrollment and Discipline's electronic ForA Reading Room, which is publicly
accessible at http://e-foia.uspto. govlFoialOEDReadingRoom.jsp;
hh. The OED Director shall publish a notice in the Official Gazette that is materially
consistent with the following:
Notice of Discipline
This notice concerns Tracy W. Druce of Houston, Texas (Registration No.

35,493), who previously left the United States Patent and Trademark Office
("USPTO" or "Office") register of practitioners. The USPTO Director has
ordered that, if Mr. Druce is reinstated to the register of practitioners, then he
shall be suspended from practice before the Office in patent, trademark, and
other non-patent matters for twenty-four (24) months, with the entirety of the
suspension stayed, for violating 37 C.F.R. § 10.77(c) (a practitioner shall not
neglect a legal matter entrusted to the practitioner), Mr . .Druce wi11 also be
required to serve a twenty-four (24) month period of probation upon being
reinstated to the register ..
Mr. Druce was responsible for the supervision of a non-lawyer

assistant who, from at least 2004 through 2006, submitted, with intent
to deceive, knowingly false statements to the Office in many patent
applications that Mr, Druce was responsible for prosecuting on behalf
of clients. The non-lawyer assistant did the following: (1) fabricated
email confirmation messages and submitted the fabricated emails to
the Office as evidence that papers had been sent to the Office via
facsimile transmission when, in fact, the papers were never sent to the
8
Office; (2) affixed USPTO receipt stamps to postcards and submitted

the doctored postcard receipts to the Office as evidence that the Office
had received papers when, in fact, the papers were never sent to the
Office; (3) fabricated a United States Postal Service Express Mail label
that falsely represented that a patent application had been mailed to the
Office on a certain date when, in fact, the application had never been
sent to the Office; and (4) backdated certificates of mailing that falsely
represented that papers had beep mailed to the Office weeks and/or
months earlier than they actually had been sent.
The violation of37 C.F.R. § 10.77(c) is predicated upon Mr. Druce

not adequately supervising a non-lawyer assistant.
Mr. Druce represents that he did not have actual knowledge of the
non-lawyer assistant's false submissions to the Office, and the non-
lawyer assistant represents that he acted alone and kept his misconduct
secret from Mr. Druce.
In reaching a settlement with Mr. Druce, OED Director took into

consideration the following: (a) the non-lawyer assistarit's misconduct
occurred many years ago in 2004, 2005, and 2006; (b) Mr. Druce
cooperated with the investigation of the facts and circumstances
involved in this disciplinary proceeding; and (c) Mr. Druce will take
prompt action to notify present and former clients about the
misconduct committed in patent applications where patents were
granted.
This action is the result of a settlement agreement between Respondent

and the OED Director pursuant to the provisions of 35 U.S.C.
§§ 2(b)(2)(D) and 32 and 37 C.F.R. §§ 11.26 and 11.59. Disciplinary
decisions involving practitioners are posted for public reading at the
Office of Enrollment and Discipline Reading Room, available at:
http://e-foia.uspto.gov/Foia/OEDReadingRoom.jsp.
ii. Nothing in this Agreement or the Final Order approving this Agreement shall
prevent the Office from considering the record of this disciplinary proceeding (1)
when addressing any further complaint or evidence of the same or similar
misconduct concerning Respondent brought to the attention of the Office; andlor
(2) in any future disciplinary proceeding against Respondent (a) as an aggravating
factor to be taken into consideration in determining any discipline to be imposed
andlor (b) to rebut any statement or representation by or on Respondent's behalf;
jj. The OED Director shall file a motion with the administrative law judge requesting
the dismissal of the pending disciplinary proceeding within fourteen (14) days of
the date ofthe Final Order; and
9
Ide The OED Director and Respondent shall each bear their own costs incurred to date
and in carrying out the terms of this Agreement and the Final Order.
The foregoing is understood and agreed to by:
SEP - 5 20H
Wi JAMES O. PAYNE Date
Deputy General Counsel for General Law
on behalf of
Michelle K.. Lee

Deputy Under Secretary of Commerce for Intellectual Property
and Deputy Director of the United States Patent and Trademark Office
cc: Director ofthe Office of Enrollment and Discipline

Abbe David Lowell

Chadbourne & Parke LLP
30 Rockefeller Plaza, New York, NY 10112
Respondent's Counsel
Christopher Man
Chadbourne & Parke LLP
1200 New Hampshire Ave N.W., Washington, DC 20036
Respondent's Counsel
10
EXHIBIT F

BEFORE THE DIRECTOR OF THE
In the Matter of: )

)
Leonard Tachner, ) Proceeding No. D20l4-22
)
Respondent )
)
FINAL ORDER
Pursuant to 37 C.F.R. § l1.27(b), the Director of the United States Patent and Trademark
Office ("USPTO" or "Office") received for review and approval from the Director of the
Office of Emollment and Discipline ("OED Director") an Affidavit of Resignation Pursuant to
37 C.F.R. § 11.27 executed by Leonard Tachner ("Respondent") on June 2, 2014. Respondent
submitted the affidavit to the USPTO for the purpose of being excluded on consent pursuant to
37 C.F.R. § 11.27.
For the reasons set forth herein, Respondent's Affidavit of Resignation shall be approved
and Respondent shall be excluded on consent from practice before the Office in patent,
trademark, and other non-patent matters commencing on the date of this Final Order.
Jurisdiction
Respondent of San Jose, California, is a registered patent attorney (Reg. No. 26,344) and
is subject to the USPTO Rules of Professional Conduct, 37 C.F.R. § 11.101, et seq.
See 37 C.F.R. § 11.19(a).!
Pursuant to 35 U.S.C. §§ 2(b)(2)(D) and 32 and 37 C.F.R. § 11.27, the USPTO Director
has the authority to approve Respondent's Affidavit of Resignation and to exclude Respondent
1 The USPTO Code of Professional Responsibility applies to practitioner misconduct

that occurred prior to May 3, 2013, while the USPTO Rules of Professional Conduct,
37 C.F.R. § 11.101 et seq., apply to a practitioner misconduct that occurred after May 2, 2013.
on consent from practice before the Office in patent, trademark, and other non-patent matters
before the Office.
Respondent's Affidavit of Resignation
Respondent acknowledges in his June 2, 2014 Affidavit of Resignation that:
I. His consent is freely and voluntarily rendered, and he is not being subjected to
coercion or duress.
2. He is aware that the OED Director opened an investigation of allegations that
that he violated the USPTO Rules of Professional Conduct, namely: OED File No. G2239. The
investigation concerned allegations, inter alia, that:
a. By Final Order dated April 12, 2013, Respondent was suspended for five years
from the practice of patent, trademark and other non-patent matters before the
USPTO for neglecting patent matters by allowing patents to expire for not timely
paying maintenance fees, fora failing to inform clients of important USPTO
correspondence and giving misleading information to clients about the status of
their patents. He also failed to conduct an inquiry reasonable under the
circumstances prior to signing and filing certain submissions with the USPTO;
b. By Final Order dated April 12,2013, Respondent was granted limited recognition
to practice before the USPTO commencing on the date the Final Order and
expiring thirty (30) days after the date the Final Order is signed, with such limited
recognition being granted for the sole purpose of facilitating Respondent's
compliance with the provisions of37 C.F.R. § 11.58(b).
c. Respondent engaged in the unauthorized practice oflaw in the prosecution of U.S.

Trademark application nos. 85/906,074 and 85/906,085 by representing clients
before the USPTO while he was not authorized to do so; and
d. Respondent did not inform his clients or the trademark examiner in U.S.
Trademark application nos. 85/906,074 and 85/906,085 that he was not authorized
to represent the clients before the USPTO.
3. He is aware that the disciplinary complaint pending against him alleges that he
violated the following provisions of the USPTO Rules of Professional Conduct:
a. 37 C.F.R. § l1.804(a) (proscribing engaging in conduct that is a violation ofthe

USPTO Rules of Professional Conduct);
2
b. 37 C.F.R. § 11.804(c) (proscribing engaging in conduct involving dishonesty,

fraud, deceit, or misrepresentation);
c. 37 C.F.R. § 11.804(d) (proscribing engaging in conduct that is prejudicial to the

administration of justice); and
d. 37 C.F.R. § 11.505 (proscribing the unauthorized practice oflaw).
4. Without admitting to any of the allegations at issue in the pending
disciplinary investigation or to violating any of the USPTO Rules of Professional Conduct,
Respondent acknowledges that, if and when he applies for reinstatement under 37 C.F.R. §
11.60, the OED Director will conclusively presume, for the purpose of determining the
application for reinstatement, that (a) the allegations set forth in OED File No. G2239 and
USPTO disciplinary proceeding D2014-22 are true and (b) he could not have successfully
defended himself against such allegations.
5. Respondent has fully read and understands 37 C.F.R. §§ I 1.5 (b), 11.27,
11.58, 11.59, and 11.60, and is fully aware of the legal and factual consequences of
consenting to exclusion from practice before the USPTO in patent, trademark, and other
non-patent matters.
6. He consents to being excluded from practice before the USPTO in
patent, trademark, and other non-patent matters.
Exclusion on Consent
Based on the foregoing, the USPTO Director has determined that Respondent's
Affidavit of Resignation complies with the requirements of37 C.F.R. § 11.27(a). Hence, it
is ORDERED that:
a. Respondent's Affidavit of Resignation shall be, and hereby is, approved;
b. Respondent shall be, and hereby is, excluded on consent from practice before
3
the Office in patent, trademark, and other non-patent matters commencing on the date of this
Final Order;
c. The OED Director shall electronically publish this Final Order at the Office
of Emollment and Discipline's electronic ForA Reading Room, which is publicly accessible
at http://e-foia.uspto.govlFoialOEDReadingRoom.jsp;
d. The OED Director shall publish the following notice in the Official
Gazette:
Notice of Exclusion on Consent
This notice concerns Leonard Tachner of San Jose California, a registered

patent attorney (Reg. No. 26,344). The Director of the United States Patent
and Trademark Office ("USPTO" or "Office") has accepted Mr. Tachner's
affidavit of resignation and ordered his exclusion on consent from practice
before the Office in patent, trademark, and other non-patent matters.
Mr. Tachner voluntarily submitted his affidavit at a time when a disciplinary

investigation was pending against him. The investigation concerned
allegations, inter alia, that;
a) By Final Order dated April 12,2013, Respondent was suspended for five
years from the practice of patent, trademark and other non-patent matters
before the USPTO for neglecting patent matters by allowing patents to expire
for not timely paying maintenance fees, for failing to inform clients of
important USPTO correspondence and giving misleading information to
clients about the status of their patents. He also failed to conduct an inquiry
reasonable under the circumstances prior to signing and filing certain
submissions with the USPTO;
b) By Final Order dated April 12, 2013, Respondent was granted limited
recognition to practice before the USPTO commencing on the date the Final
Order and expiring thirty (30) days after the date the Final Order is signed,
with such limited recognition being granted for the sole purpose offacilitating
Respondent's compliance with the provisions of37 C.F.R. § 11.58(b).
c) Respondent engaged in the unauthorized practice of law in the prosecution
of U.S. Trademark application nos. 85/906,074 and 85/906,085 by
representing clients before the USPTO while he was not authorized to do so;
and
d) Respondent did not inform his clients or the trademark examiner in U.S.
Trademark application nos. 85/906,074 and 85/906,085 that he was not
authorized to represent the clients before the USPTO.
4
The disciplinary investigation concerned allegations that Respondent violated

the following provisions of the USPTO Rules of Professional Conduct:
a. 37 C.F.R. § 11.804(a) (proscribing engaging in conduct that is a violation of
the USPTO Rules of Professional Conduct);
b. 37 C.F.R. § 11.804(c) (proscribing engaging in conduct involving
dishonesty, fraud, deceit, or misrepresentation);
c. 37 C.F.R. § 1l.804(d) (proscribing engaging in conduct that is prejudicial
to the administration of justice); and
d. 37 C.F.R. § 11.505 (proscribing the unauthorized practice oflaw).
While Mr. Tachner did not admit to any ofthe allegations at issue in the
pending disciplinary investigation or to violating any of the Disciplinary Rules
of the USPTO Code of Professional Conduct, he acknowledged that, if and
when he applies for reinstatement, the OED Director will conclusively
presume, for the purpose of determining the application for reinstatement, that
(i) the allegations set forth in OED File No. G2239 and USPTO disciplinary
proceeding D2014-22 are true, and (ii) he could not have successfully
defended himself against such allegations.
This action is taken pursuant to the provisions of35 U.S.C. §§ 2(b)(2)(D)

and 32, and 37 C.F.R. §§ 11.27 and 11.59. Disciplinary decisions involving
practitioners are posted for public reading at the Office of Enrollment and
Discipline Reading Room, available at:
http://e-foia. uspto.gov/FoialOEDReadingRoom. j sp.
e. Respondent shall comply with 37 C.F.R. § 11.58;
f. The OED Director shall comply with 37 C.F.R. § 11.59;
g. Respondent shall comply with 37 C.F.R. § 11.60 upon any request for
reinstatement;
h. The OED Director and Respondent shall bear their own costs incurred to date;
and
in carrying out the terms of this agreement
i. USPTO Disciplinary Proceeding No. D2014-22 is hereby dismissed.
(only signature page follows)
5
JUN 3 0 2014
Date SO. PAYNE
epu y General Counsel for General Law
it States Patent and Trademark Office
'oJ
on behalf of
Michelle K. Lee
Deputy Under Secretary of Commerce for Intellectual
Property and Deputy Director of the United States Patent and
Trademark Office
cc:
Director of the Office of Enrollment and Discipline

U.S. Patent and Trademark Office
Cameron Weiffenbach
Miles & Stockbridge, P.C.
1751 Pinnacle Drive, Suite 500
McLean, Virginia 22102
Respondent's counsel
6
EXHIBIT G
12/12/2017 Case 5:18-cv-00043 Trademark/Service
Document 1-1 Mark Application, Principal Register
Filed 01/03/18 Page 55 of 137
Trademark Electronic Application System - TEAS Application
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1478 (Rev 09/2006)
OMB No. 0651-0009 (Exp. 02/28/2018)
Trademark/Service Mark Application, Principal Register

Version 5.10 - Validation Page
On Tue Dec 12 15:31:07 EST 2017 You completed all mandatory fields and successfully validated the form. It has NOT been filed to the USPTO at this
point. Please complete all steps below to submit the application.
NOTE:For an instructional video on the Validation Page, click here.

STEP 1: Review the application data in various formats, by clicking on the phrases under Application Data. Use the print function within your browser to print
these pages for your own records. If the Mark and Specimens appear huge, click here.
Note: It is important that you review this information for accuracy and completeness now. Corrections after submission may not be permissible, thereby possibly
affecting your legal rights.
Note: If you are using the e-signature approach or the handwritten pen-and-ink signature approach, you must click on the final link to access the specific "text form"
for that purpose.
Application Data
Input Mark XML File Text Form for E-Signature
STEP 2: If there are no errors and you are ready to file this application electronically, confirm the e-mail address for acknowledgment. Once you submit the form
electronically, we will send an electronic acknowledgment of receipt to the e-mail address entered below. If no e-mail address appears, you must enter one. If we
should send the acknowledgment to a different e-mail address, or to an additional address(es), please enter the proper address or additional address(es). For multiple
addresses/receipts, please separate e-mail addresses by either a semicolon or a comma.
NOTE: This e-mail address is only for the purpose of receiving the acknowledgment that the transmission reached the USPTO, and is not related to the e-mail that will be used for correspondence purposes
(although it could be the same address. The official e-mail address that the USPTO will use for any future communication is whatever appears in the specific correspondence section of the form.)
* E-mail for acknowledgment

To ensure we can deliver your e-mail confirmation successfully, please re-enter your e-mail address(es) here:
* E-mail for acknowledgment
STEP 3: Read and check the following:
Important Notice:
(1) Once you submit this application, we will not cancel the filing or refund your fee. The fee is a processing fee, which we do not refund even if we cannot
issue a registration after our substantive review. This is true regardless of how soon after submission you might attempt to request cancellation of the filing.
Therefore, please review ALL information carefully prior to transmission.
(2) All information you submit to the USPTO at any point in the application and/or registration process will become public record, including your name, phone
number, e-mail address, and street address. By filing this application, you acknowledge that YOU HAVE NO RIGHT TO CONFIDENTIALITY in the
information disclosed. The public will be able to view this information in the USPTO's on-line databases and through internet search engines and other on-line
databases. This information will remain public even if the application is later abandoned or any resulting registration is surrendered, cancelled, or expired. To
maintain confidentiality of banking or credit card information, only enter payment information in the secure portion of the site after validating your form. For any
information that may be subject to copyright protection, by submitting it to the USPTO, the filer is representing that he or she has the authority to grant, and is
granting, the USPTO permission to make the information available in its on-line database and in copies of the application or registration record.
(3) Be aware that private companies not associated with the USPTO often use trademark application and registration information from the USPTO's
databases to mail or e-mail trademark-related solicitations (samples of non-USPTO solicitations included).
If you have read and understand the above notice, please check the box before you click on the Pay/Submit button.
STEP 4: If you are ready to file electronically:

Click on the Pay/Submit button below, to access the site where you will select one of three possible payment methods. After successful entry of payment
information, you can complete the submission to the USPTO. A valid transaction will result in a screen that says SUCCESS! Also, we will send an e-mail
acknowledgment within 24 hours.
WARNING: Click on the Pay/Submit button ONLY if you are now entirely prepared to complete the Pay/Submit process. After clicking the button, you can NOT
return to the form, since you will have left the TEAS site entirely. Once in the separate payment site, you must complete the Pay/Submit process within 30 minutes.
WARNING: Fee payments by credit card may not be made from 2 a.m. to 6 a.m. Sunday, Eastern Standard Time. If you are attempting to file during that specific
period, you must use either the deposit account or electronic funds transfer payment method.
Pay/Submit
Burden/Privacy Statement | TEAS Form Burden Statement
Help Desk | Bug Report | Feedback | TEAS Home | Trademark Home | USPTO
https://teas.uspto.gov/forms/teas.service?form.action=SIGNRES&formId=bas&id=USPTO/BAS-24.5.91.150-20171209150659049380-New/Application-… 1/2
EXHIBIT H
12/12/2017 Applicants
Case 5:18-cv-00043 and registrants1-1
Document represented
Filedby01/03/18
excluded parties | USPTO
Page 57 of 137
Applicants and registrants represented by excluded

parties
If the USPTO suspects that a party, whether an individual or a firm, is engaging in unauthorized practice of trademark law or otherwise improper activities
before the USPTO, the Commissioner for Trademarks may issue a show-cause order. A show-cause order requires the party to establish the legitimacy of
their activities and to explain why they should not be excluded from acting on behalf of others before the USPTO. Depending on the party’s response, a
show-cause order may be followed by an exclusion order, which formally excludes the party from serving as an attorney, correspondent, domestic
representative, and/or signatory in trademark matters before the USPTO.
Review copies of show-cause orders and exclusion orders issued by the Commissioner for Trademarks
Get information on unauthorized practice of trademark law and who may practice before the USPTO in trademark matters
Once a party has been excluded, the USPTO will change the correspondence address for each affected application or registration file record to that of the
applicant, registrant, or domestic representative, as appropriate, and will notify the affected applicant or registrant that:
The excluded party is not entitled to practice before the USPTO in trademark matters and, therefore, may not represent the applicant or
registrant.

Any power of attorney granted to the excluded party is void ab initio, meaning it was invalid from the start of any action taken by the excluded
party.

The excluded party may not sign responses to Office actions, authorize examiner’s amendments or priority actions, conduct interviews with
USPTO employees, or otherwise represent an applicant, registrant, or party to a proceeding before the Office.
All correspondence concerning the application or registration will be sent to the domestic representative if one has been appointed, or,
alternatively, and in most circumstances, to the applicant or registrant at its address of record.
What to do if the USPTO excluded the party representing you

(1) Review your application/registration record
Go to the Trademark Status & Document Retrieval (TSDR) system and enter your serial number or registration number to retrieve the record for
your application or registration.
(2) Review your contact information
Once you have retrieved your application/registration record in TSDR, select the “Status” tab and review the Attorney/Correspondence Information
to confirm that the correspondence information is correct.
If the correspondence information is incorrect, correct it by filing a Change of Correspondence Address form. If necessary, you may also change the
owner’s address information, using the Change of Owner’s Address form. Both forms are available at Correspondence and Attorney/Domestic
Representative Forms.
(3) Determine if you are required to file anything
Select the “Documents” tab in TSDR and view the outgoing correspondence from the USPTO in the record to determine if you are required to file
anything in connection with your application or registration, such as a response to an Office action, a statement of use, or a registration maintenance
document.
If your application is still pending and you fail to file a required document before the deadline, your application will be abandoned. If your mark is
already registered, and you fail to submit the required registration maintenance documents on time, your registration will expire or be cancelled. All
required documents may be filed electronically by using the appropriate electronic form in the Trademark Electronic Application System (TEAS).
After your initial review of your application or registration record, continue to monitor the status of your application or registration, using the
“Status” tab in TSDR.
For applications, you should check the status every six months between the filing date of the application and issuance of a registration.

If your mark is already registered and you have filed an affidavit of use or excusable nonuse under §8 or §71 of the Trademark Act, or a
renewal application under §9 of the Act, you should check the status of the registration every six months until you receive notice that the
affidavit or renewal application has been accepted.
https://www.uspto.gov/trademark/trademark-updates-and-announcements/applicants-and-registrants-represented-excluded 1/3
Filedby01/03/18
Page 58 of 137
Questions?
For pending applications, contact the assigned examining attorney, whose contact information is provided in Office actions sent in
connection with your application. In TSDR, Office actions are identified as “Offc Action Outgoing” in the “Documents” tab. For registrations,
contact the assigned Post Registration specialist, whose contact information will be provided in any Office action sent in connection with
registration maintenance filings, or the Office of Petitions at 571-272-8950.
For general questions about the trademark process, guidance on the type of information required in a particular electronic form, or
information about which USPTO offices or employees to contact for particular issues, contact the Trademark Assistance Center at
571-272-9250, or toll-free at 1-800-786-9199. You can also email TrademarkAssistanceCenter@uspto.gov.
(4) Review all documents previously submitted on your behalf
If your application is still pending, and a registration has not yet issued, you should review any documents submitted on your behalf to confirm that
it was signed by the appropriate party and that all the information in the document is correct. If you believe that any submitted document was
improperly signed or contains incorrect information, you should contact the assigned examining attorney, who can answer questions about the
process for resubmitting documents.
If your mark is already registered and registration maintenance documents have been submitted on your behalf, you should review the documents to
confirm that they contain accurate information and are properly signed. If you have any questions about a registration maintenance document
submitted on your behalf, you may contact the assigned Post Registration specialist whose contact information will be provided in any Office action
sent in connection with registration maintenance filings, or the Office of Petitions at 571-272-8950.
For additional information on who may sign documents submitted to the USPTO in connection with trademark applications and registrations, see
Proper Representation in Trademark Matters and TMEP §§611.03–611.04.
(5) Consider hiring a qualified attorney to represent you
Consider hiring a qualified attorney with expertise in trademark matters to represent you in the application process. While a USPTO trademark
examining attorney will try to help you through the examination process even if you do not hire an attorney, USPTO attorneys are not permitted to
give you legal advice.
A private trademark attorney who is licensed in the United States and is authorized to practice before the USPTO may:
Help you avoid future costly legal problems by conducting a comprehensive search of federal registrations, state registrations, and
"common law" unregistered trademarks before you file your application. Comprehensive searches are important because other trademark
owners may have protected legal rights in trademarks similar to yours that are not federally registered. Therefore, those trademarks will not
appear in our Trademark Electronic Search System database, but they could still ultimately prevent your use of your mark.

Help you during the application process with several things that could seriously impact your trademark rights, such as determining the best
way to describe your goods and services and preparing responses to refusals to register your mark that we may issue.

Assist you after your mark is registered by filing registration maintenance documents and by taking actions to help you police and enforce
your trademark rights. While the USPTO registers trademarks, you, as the trademark owner, are fully responsible for any enforcement of
your private trademark rights.
If you decide to hire an attorney, you should be aware that, under U.S. federal regulations, the only individuals who may represent an applicant or
registrant in trademark matters before the USPTO, other than certain previously authorized trademark agents, are (1) attorneys who are licensed to
practice in the United States and (2) Canadian agents or attorneys who are authorized by the USPTO to represent applicants located in Canada.
Employing a foreign attorney or other individual who is not authorized to practice before the USPTO to represent you in connection with your
trademark application may delay and prolong the trademark application examination process and could jeopardize the validity of any resulting
registration.
The USPTO has established a Law School Clinic program in which participating law schools provide free legal services to trademark applicants in
connection with trademark applications before the USPTO. Each school in the program has its own criteria for accepting clients. If you are interested,
you should contact a participating school to inquire about becoming a client. For a list of schools participating in this program and additional
information about the program, visit Law School Clinic Certification Program.
For more information on finding a qualified private attorney to assist you, visit Using Private Legal Services.
For more information on the unauthorized practice of trademark law and who may practice before the USPTO in trademark matters, visit Proper
Representation in Trademark Matters.

What to do when your application is abandoned

Filedby01/03/18
Page 59 of 137
When an application is abandoned, it means that the application is no longer pending and, thus, a registration will not be issued. The USPTO may deem
your application abandoned if you fail to submit a response to an Office action or fail to respond completely to an Office action; if you fail to respond to a
suspension inquiry; or if you fail to file a statement of use. In addition, an application may be “expressly abandoned,” meaning that the applicant has
requested that application be abandoned and that no further prosecution of the application will occur.
In some cases, you may file a petition to revive an abandoned application or request that an abandoned application be reinstated. More information about
abandonment and the process of reviving or reinstating an abandoned application may be found at Abandoned Applications.

What to do if your registration expires or is cancelled

Once your mark is registered, you, as the registration owner, must file specific documents and pay the required fees at regular intervals to keep the
registration "alive" or valid. Failure to file these documents or pay the required fees will result in the cancellation or expiration of your registration.
If you failed to timely respond to an Office action refusing to accept a §8 affidavit, §71 affidavit, or §9 renewal application due to an extraordinary
situation, you may file a formal petition under 37 C.F.R. §§2.146(a)(5) and 2.148 to accept a late response. You may file the petition electronically using the
Petition to the Director under Trademark Rule 2.146 form, available at Petition Forms. You must file the petition within two months of the issue date of the
cancellation notice. If you did not receive the cancellation notice, or no cancellation notice was issued, you must file the petition must within two months
of the date the Trademark database was updated to indicate that the registration expired or was cancelled.
If your registration expires or is cancelled, but you have proof that a USPTO error led to the cancellation or expiration, you may file a request to
reinstate a cancelled or expired registration. You may file the request electronically using the Petition to the Director under Trademark Rule 2.146 form,
available at Petition Forms. Although a petition fee is required in order to file the form, it will be refunded if USPTO error is found. For a list of examples of
situations where the USPTO may reinstate a cancelled or expired registration, please see TMEP §1712.02(a).
For additional information about maintaining your trademark registration, visit Keeping Your Registration Alive.
EXHIBIT I
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who specializes in research, which takes 4-5 hours per trademark. What attorney will spend that much time on 1 trademark? They won’t. We will. The entire
trademark process takes 6-8 hours per mark, per country + database costs. 1/2 price “filing services” are negligent when they skip the needed comprehensive
research. Not what the USPTO recommends! Lots of refusals, cease & desists. True trademark or common law owners have 6 years to enforce, protect their
marks. The USPTO refuses 39% of their trademark filings from these 1/2 price trademark companies and people that file themselves. Trademark attorneys or
specialists like us are the way to go. We will save you a lot of $ from attorneys doing all the work, and spare you from disaster from the 1/2 price TM companies
who are just going to file your trademark with a mere preliminary direct hit search – which takes a mere 5 minutes. Not enough! If Your Research Isn’t
Comprehensive – It Isn’t Done!
3-Step True Comprehensive Research to Determine IF Your Trademark is Legally Clear
Since 1992, we are the ONLY trademark company to offer Step-By-Step comprehensive research – thereby economizing your research fee. Your mark needs to be
legally clear at each step, based upon trademark law, whereas similarities in sound, appearance and/or meaning matter – before we proceed to the next step.
Trademark attorney consultations included. We have 5 trademark attorneys to determine if any conflict or similarity is close enough to affect your legal use, over
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your needed trademarking tasks within a supersonic 5 hours. You will save 2 weeks compared to hiring a trademark attorney or 1 week if using a specialty
trademarking company – like TradeMark Express. Double or triple these estimated completion dates, if you need to go to a 2nd or 3rd name, slogan or logo – if
legally blocked by any conflicting or too similar names found to exist, that are needed to be analyzed, competitively checked and reviewed with one of our 5
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With 5 super-experienced trademark attorneys, averaging 30 years experience each, we offer expert comprehensive research analysis and consultations of our
extensive 300 – 500 page Trademark and Common Law research reports, drawn from over 6500 paid databases – just like the USPTO, CIPO and the EUIPO
recommend – before filing any trademark. Our trademark attorneys will determine IF any conflict or similarity finding is close enough to affect your legal use, not
just for your application filing, but also for over the next 6 years as company’s have right to oppose your new trademark filing. Our process works. We have not
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Got a flurry of trademarks? Trademarks all over? Not sure what you have? Not as uncommon a problem as you think! You’re busy! As companies grow,
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service trade names, slogans and logos come and go. Trademark lifespans are in 10 year increments in the USA and Europe, 15 years in Canada. Days go
by. Years. More years! People forget about their firm’s valuable trademarks. Their competitors count on this out of sight, out of mind busyness / laziness
because they will gain rights to the exact same names, slogans and logos – when the owner (you) never enforces their trademarks. Enforcement is an
actual obligation of having a trademark – to enforce it. Government agencies – USPTO, CIPO and EUIPO will block infringing filers, but they are not
going to notify you about it. This is your job. Letting someone use YOUR mark long enough, over 5 years in fact, is called ACQUIESCENCE. This
means you GAVE AWAY your trademark rights to ALL infringers because you simply, silently never chose toORDER enforce yourMY TRADEMARK
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TradeMark Express will comprehensively research your name, slogan or logo, analyze the results, provide you with an attorney, if necessary, and prepare and submit your
Federal USPTO trademark application for one low fee.
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What is a TradeMark?
A “registered trademark”, or ®, refers to a name, slogan or logo that has been officially registered with the United States Patent and Trademark Office – USPTO. Each
State also offers trademark protection from their Secretaries of State offices.
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Christine Regan-Lake
I have utilized TradeMark Express for 4 different trademark applications that I have filed. In every instance TE has delivered above and beyond my expectatio
fast, accurate and well informed and make sure that no detail is left unattended. I highly recommend them and I will be back in the future.
President Redlake, Inc., Warwick, New York

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December 6, 2016by Michael Landis December 6, 2016by Michael Landis November 30, 2016by Michael Landis
0
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Trademark Express Privacy Policy
Our Commitment to Privacy

TradeMark Express is deeply committed to your right to privacy and takes your privacy seriously. We have
very strict privacy policies and we strive to keep your personal and financial information secure.
This Privacy Policy (‘Privacy Policy’) covers TradeMark Express’s treatment of personally identifiable
information that TradeMark Express collects when you are on the TradeMark Express website (the
‘Site’), and when you use TradeMark Express’s services.
We pledge to hold all information you provide to us in absolute privacy.
We will NEVER sell or rent your name, email address or personal information to any third party except
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We are audited by some of the top internet security companies.
Only authorized employees may access your information.
All employees are required to adhere to our strict privacy policies and any employee who violates the
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prosecution for their violation.
Traffic Data and Information : Through the combination of both internal and third party tracking code as
well as cookies, the following categories of information are tracked when a visitor enters the site: (1) IP
address, (2) domain servers, (3) type of computer used to access the Site, (4) types of web browsers
(collectively ‘Traffic Data’). TradeMark Express uses such data for general marketing purposes and in
order to help enhance customer experience on the website.
We may use third-party advertising companies to serve ads on our behalf. These companies may employ
cookies and action tags also known as single pixel gifs or web beacons to measure advertising
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Personal Information : In order for each customer to access and utilize TradeMark Express’s search and
legal document products and services, TradeMark Express requires each customer to provide us with
personal information (collectively ‘Personally Identifiable Information’).
Personally Identifiable Information includes: (1) ‘Contact Data’ (such as your first and last name, physical
street address, city, state, zip code, phone number and email address), (2) ‘Financial Data’ (such as your
credit card number, expiration date, and verification code), (3) ‘Demographic Data’ (such as your zip code
and gender), and (4) other ‘Legal Data’ (such as your trademark filing date, trademark pending number,
mailing information, domicile information and other sensitive information necessary to generate proper
legal documents).
Please be advised that certain personal information becomes public record upon the filing of documents
with the federal government or a regulatory agency. For example, the applicant name and content of a
trademark application becomes public after filing with the United States Patent & Trademark Office. In
many cases, the United States Patent & Trademark Office will provide this information to third parties for a
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Please note that Contact Data and Traffic Data is used to gather general statistics regarding our
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may also use demographic data in a manner that does not identify you specifically or allow you to be
contacted but does identify certain criteria about our users in general. For example, we may inform third
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We also use Contact Data such as name, physical address and email address to provide special
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Any Financial Data gathered is used strictly for the purposes of processing or completing the financial
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Confidentiality and Security of Personal Information. As stated above, we will keep your Personally
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Opting Out. You may choose not to provide us with any Personally Identifiable Information or you may
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Retention of Records : TradeMark Express currently retains Personally Identifiable Information for a
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documents for revision and update purposes.
Our Commitment To Data Security : We strive to make certain that our servers and connections
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implemented physical, electronic, and managerial procedures to safeguard and secure the information we
collect. Credit card and personal information are transmitted to us by secure servers. Documents are
delivered to you either via priority mail or via e-mail.
User Access to Order Information. If you contact TradeMark Express, we will give you or anyone listed as
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Lost or Stolen Data : TradeMark Express has security measures in place to prevent the loss, misuse,
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party if any such loss, misuse, destruction, or alteration occurs.
If for any reason you believe that your privacy has been breached through the use of our site, you
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Add to Export Manager  0 Filter by keyword Advanced lters   Export
Domain vs. Domain
Charts Ad Keyword Pos. Block Volume CPC (USD) URL Traffic % Costs % Com. Results Trend Last Seen
Keyword Analytics
tm symbol 3 (6) 40,500 8.65 tmexpress.com/ 34.41 52.69 0.01 4,860,000 Oct 2017
Projects
trademarks 1 (7) 6,600 5.70 www.tmexpress.com/ 3.23 3.37 0.58 360,000,000 Aug 2017
Gap Analysis
uspto tess 2 (8) 5,400 6.39 tmexpress.com/ 2.72 3.09 0.01 50,000 Oct 2017
Topic Research
copyright 6 (7) 5,400 2.25 tmexpress.com/ 3.57 1.44 0.13 1,220,000,000 Nov 2017
SEO Content Template search
registered
trademark 2 (6) 4,400 6.07 tmexpress.com/ 3.74 4.00 0.03 6,760,000 Oct 2017
Lead Generation Tool
symbol
how to
My Reports copyright a 1 (8) 3,600 1.71 tmexpress.com/ 1.70 0.54 0.45 497,000,000 Oct 2017
song
copyright.gov 2 (8) 2,900 2.14 www.tmexpress.co...yright 1.36 0.54 0.19 4,540,000 Apr 2017
MANAGEMENT
how to do
My Reports transcendental 1 (5) 2,900 3.70 www.tmexpress.com/ 2.38 1.59 0.23 977,000 Feb 2017
meditation
Projects
tm logo 1 (6) 2,400 10.47 www.tmexpress.com/ 2.04 3.76 0.02 351,000,000 Oct 2017
uspto 2 (2) 2,400 2.31 tmexpress.com/ 5.28 2.16 0.31 1,380,000 Nov 2017
Marketing Calendar trademark
Notes copyrights 3 (8) 2,400 3.30 www.tmexpress.co...yright 1.19 0.69 0.37 2,245,032,000 Apr 2017
copyright 4 (4) 1,600 3.57 www.tmexpress.co...yright 1.87 1.17 0.42 284,000,000 Nov 2017
registration
Online demo
how to
trademark a 3 (3) 1,600 7.19 www.tmexpress.com/ 2.38 3.09 0.62 18,300,000 Oct 2017
SEOquake for your browser phrase
trademark law 3 (3) 1,300 9.32 www.tmexpress.com/ 1.87 3.28 0.54 181,000,000 Oct 2017
Join our A liate Program
tess uspto 2 (4) 1,000 2.54 www.tmexpress.com/ 1.19 0.51 0.01 52,000 Apr 2017
Order custom database or report
trademark
federal credit 1 (1) 880 3.21 www.tmexpress.com/ 6.98 3.97 0.01 2,680,000 Oct 2017
Have you seen our new union
customizable API format?
trademarking 1 (5) 880 6.62 www.tmexpress.com/ 0.68 0.87 0.69 1,380,000,000 Aug 2017
Sensor copyright 1 (1) 720 2.48 www.tmexpress.co...yright 5.62 2.49 0.49 115,000,000 Oct 2017
songs
trade name 3 (7) 720 2.87 www.tmexpress.com/ 0.34 0.24 0.67 33,000,000 Jan 2017
search
mark cook 1 (4) 590 0.19 www.tmexpress.com/ 0.68 0.00 0.06 213,000,000 Apr 2017
trademark r 2 (3) 590 0.00 www.tmexpress.com/ 0.85 0.00 0.06 96,100,000 Sep 2017
upsto 2 (8) 480 5.56 www.tmexpress.com/ 0.17 0.24 0.06 17,400,000 May 2017
using
copyrighted 3 (3) 480 0.00 www.tmexpress.co...yright 0.68 0.00 0.11 3,040,000 Nov 2017
music on
youtube
how to
trademark 3 (3) 480 5.29 www.tmexpress.com/ 0.68 0.66 0.55 25,500,000 Oct 2017
something
trademark a
business 7 (7) 390 6.83 www.tmexpress.com/ 0.17 0.30 0.66 14,800,000 Oct 2017
name
how to use
copyrighted 4 (4) 390 3.65 www.tmexpress.com/ 0.34 0.27 0.12 7,700,000 Nov 2017
music on
youtube Have a Suggestion?
trademark 390 5 47 / 0 17 0 18 0 76 104 000 000 A 2017
https://www.semrush.com/info/tmexpress.com+(by+adwords)?filter=&page=1 1/4
1/1/2018 Case 5:18-cv-00043 tmexpress.com
Document 1-1- Paid Search
Filed Positions
01/03/18 Page 80 of 137
trademark 2 (8) 390 5.47 www.tmexpress.com/ 0.17 0.18 0.76 104,000,000 Apr 2017
com
apple logo
copy and 3 (3) 320 0.00 www.tmexpress.com/ 0.34 0.00 0.02 1,720,000 Nov 2017
paste
no copyright
music 3 (3) 320 0.92 www.tmexpress.co...yright 0.34 0.06 0.25 196,000,000 Nov 2017
download
cost to 4 (4) 320 4.48 www.tmexpress.com/ 0.34 0.30 0.64 139,000,000 Oct 2017
trademark
how to find out
if a song is 1 (1) 320 2.11 www.tmexpress.com/ 2.55 0.93 0.09 2,960,000 Nov 2017
copyrighted
trademark vs 6 (6) 320 13.82 www.tmexpress.com/ 0.17 0.66 0.13 23,600,000 Oct 2017
registered
html
trademark 3 (3) 320 0.00 www.tmexpress.com/ 0.34 0.00 0.00 868,000 Oct 2017
symbol
mcdonald's 1 (5) 320 0.00 www.tmexpress.com/ 0.17 0.00 0.05 701,000 Apr 2017
trademark
how to
copyright a 5 (5) 320 2.06 www.tmexpress.com/ 0.17 0.09 0.44 3,720,000 Oct 2017
poem
trademarknow 4 (7) 320 5.53 www.tmexpress.com/ 0.17 0.21 0.10 50,000 Apr 2017
how to make
the trademark 3 (3) 320 0.00 www.tmexpress.com/ 0.34 0.00 0.01 13,500,000 Oct 2017
symbol
uspto ipr 2 (5) 320 0.00 www.tmexpress.com/ 0.17 0.00 0.00 352,000 Apr 2017
register
trademark 7 (7) 260 8.28 www.tmexpress.com/ 0.17 0.24 0.81 74,600,000 Oct 2017
name
trademark and 2 (6) 210 4.38 www.tmexpress.co...yright 0.17 0.12 0.39 205,000,000 Mar 2017
copyright
trademark and 4 (4) 210 4.38 www.tmexpress.com/ 0.17 0.18 0.39 205,000,000 Aug 2017
copyright
www uspto 2 (6) 210 4.50 www.tmexpress.com/ 0.17 0.12 0.19 112,000,000 Apr 2017
copyright 2 (7) 140 5.60 www.tmexpress.co...ht.php < 0.01 0.09 0.48 554,000,000 Feb 2017
names
keyboard
shortcut for 3 (3) 110 0.00 www.tmexpress.com/ < 0.01 0.00 0.00 126,000 Oct 2017
registered
trademark
how tm 1 (4) 110 0.00 www.tmexpress.com/ < 0.01 0.00 0.09 679,000,000 Oct 2017
us tradmark 2 (6) 90 0.00 www.tmexpress.com/ < 0.01 0.00 0.49 83,300,000 Oct 2017
what does sm
trademark 3 (3) 90 0.00 www.tmexpress.com/ < 0.01 0.00 0.00 1,250,000 Nov 2017
mean
tmsearch 1 (1) 90 6.97 www.tmexpress.com/ 0.68 0.87 0.11 470,000 Aug 2017
trademark 2 (3) 90 0.00 www.tmexpress.com/ < 0.01 0.00 0.05 36,400,000 Oct 2017
breach
trademark
search 3 (4) 90 0.00 www.tmexpress.com/ < 0.01 0.00 0.63 53,300,000 Oct 2017
website
how to register
a name in 3 (3) 90 0.00 www.tmexpress.com/ < 0.01 0.00 0.00 114,000,000 Nov 2017
india
cambodia
trademark 2 (2) 90 0.00 www.tmexpress.com/ 0.17 0.00 0.31 870,000 Oct 2017
office
corsearch
trademark 2 (2) 90 0.00 www.tmexpress.com/ 0.17 0.00 0.32 19,000 Nov 2017
search
hotel
com 3 (4) 90 10.37 www.tmexpress.com/ < 0.01 0.18 0.79 768,000,000 Nov 2017
registration
trademark
search in 5 (8) 90 0.00 www.tmexpress.com/ < 0.01 0.00 0.00 10,300,000 Oct 2017
australia
trademark 3 (6) 90 0.00 www.tmexpress.com/ < 0.01 0.00 0.93 198,000,000 Apr 2017
collection
how to register
a business 2 (7) 90 8.78 www.tmexpress.com/ < 0.01 0.09 0.69 3,930,000 Oct 2017
name in illinois
trademark us 3 (4) 90 0.00 www.tmexpress.com/ < 0.01 0.00 0.18 13,500,000 Oct 2017
classes
amazon brand
registry 1 (1) 90 0.00 www.tmexpress.com/ 0.68 0.00 0.00 353,000 Nov 2017
enrollment
request
great britain
search
new zealand
trade mark 2 (5) 90 0.00 www.tmexpress.com/ < 0.01 0.00 0.00 7,140,000 Oct 2017
office
irish trademark 5 (5) 90 0.00 www.tmexpress.com/ < 0.01 0.00 0.29 21,800,000 Oct 2017
search
name list
trademark 1 (3) 90 0.00 www.tmexpress.com/ < 0.01 0.00 0.03 43,900,000 Mar 2017
class 18
logo patent 4 (4) 90 3.89 www.tmexpress.co...yright < 0.01 0.06 0.75 21,200,000 Jul 2017
can you
trademark a 3 (6) 90 0.00 www.tmexpress.com/ < 0.01 0.00 0.14 41,600,000 Oct 2017
last name
trademark
infringement 3 (3) 90 0.00 www.tmexpress.com/ < 0.01 0.00 0.11 1,590,000 Oct 2017
cases 2014
registered
trademark sign 3 (3) 90 0.00 www.tmexpress.com/ < 0.01 0.00 0.02 1,570,000 Nov 2017
in word
why trademark 1 (5) 90 0.00 www.tmexpress.com/ < 0.01 0.00 0.24 114,000,000 Oct 2017
something
Have a Suggestion?
ti t t
Case 5:18-cv-00043 Document 1-1- Paid Search
Filed Positions
01/03/18 Page 81 of 137
austrian patent 2 (2) 90 0.00 www.tmexpress.com 0.17 0.00 0.00 504,000 Nov 2017
register
how to register 3 (3) 90 0.00 www.tmexpress.com/ < 0.01 0.00 0.60 606,000,000 Nov 2017
a bussiness
register
business
name 4 (4) 90 0.00 www.tmexpress.com/ < 0.01 0.00 0.00 46,000,000 Nov 2017
companies
house
name tm 2 (2) 90 0.00 www.tmexpress.com/ 0.17 0.00 0.05 357,000,000 Nov 2017
how to get
permission to
use a 2 (2) 90 3.97 www.tmexpress.com/ 0.17 0.12 0.16 987,000 Nov 2017
trademarked
logo
who uses 1 (3) 70 0.00 www.tmexpress.co...yright < 0.01 0.00 0.00 901,000,000 Apr 2017
copyright
logo patent 4 (6) 70 5.02 www.tmexpress.com/ < 0.01 0.03 0.73 5,230,000 Mar 2017
cost
federal 3 (3) 70 0.00 www.tmexpress.com/ < 0.01 0.00 0.51 72,400,000 Oct 2017
trademark site
uspto tess
search
file trademark 6 (6) 70 6.42 www.tmexpress.com/ < 0.01 0.06 0.87 85,900,000 Aug 2017
online
see if a name 1 (3) 70 3.78 www.tmexpress.com/ < 0.01 0.06 0.59 6,400,000 Jan 2017
is trademarked
tradmark office 3 (3) 70 12.32 www.tmexpress.com/ < 0.01 0.21 0.42 24,600,000 Nov 2017
sumbol
registering a 6 (6) 70 4.83 www.tmexpress.com/ < 0.01 0.03 0.75 64,500,000 Aug 2017
logo
german
trademark 2 (2) 70 0.00 www.tmexpress.com/ < 0.01 0.00 0.19 879,000 Nov 2017
office
database
filing for 7 (7) 70 4.92 www.tmexpress.com/ < 0.01 0.03 0.79 54,500,000 Oct 2017
trademark
youtube
copyright fair 2 (2) 70 0.00 www.tmexpress.co...yright < 0.01 0.00 0.00 5,900,000 Apr 2017
use statement
can you
common
words
dropbox 2 (2) 70 0.00 www.tmexpress.com/ < 0.01 0.00 0.18 590,000 Nov 2017
trademark
how to insert
registered
trademark 3 (3) 70 0.00 www.tmexpress.com/ < 0.01 0.00 0.00 156,000 Oct 2017
symbol in
how
worddo you
find out if 3 (3) 70 2.58 www.tmexpress.com/ < 0.01 0.03 0.57 2,490,000 Oct 2017
something is
trademarked
class 25
uspto tdr 2 (2) 70 0.00 www.tmexpress.com/ < 0.01 0.00 0.00 204,000 Nov 2017
what is the
difference
between a 1 (1) 70 5.51 www.tmexpress.com/ 0.51 0.54 0.16 8,570,000 Aug 2017
copyright and
a trademark
similarity test
how do i get a
logo 3 (3) 70 0.00 www.tmexpress.com/ < 0.01 0.00 0.77 426,000,000 Nov 2017
trademarked
insert
trademark 2 (2) 70 0.00 www.tmexpress.com/ < 0.01 0.00 0.00 426,000 Oct 2017
symbol word
filing for a
trademark 2 (2) 70 10.65 www.tmexpress.com/ < 0.01 0.27 0.93 401,000 Nov 2017
yourself
can you 2 (2) 70 0.00 www.tmexpress.com/ < 0.01 0.00 0.11 59,100,000 Nov 2017
trademark
trademark sign 1 (1) 70 0.00 www.tmexpress.com/ 0.51 0.00 0.01 1,620,000 Nov 2017
iphone
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Section 5
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Case 5:18-cv-00043 Document 1-1 Filed- Ad Copies
01/03/18 Page 83 of 137
All Tools
Advertising Research  tmexpress.com  Search Projects 
Dashboard

Other Countries LIVE DATA
US UK DE FR
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Overview
Organic Research
tmexpress.com  Desktop  Mobile TUTORIAL PDF
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Ad Copies Free USPTO Filing. TM ® SM - Save TM ® SM - Expert Trademarking - Free USPTO Filing. TM®SM - Save
Ad www.tmexpress.com/
$1000 .vs TM Attorney. Save $1000 vs TM Attorney. $1000 vs TM Attorney.
Ad History Names, Logos & Slogans = Trademarks.
Ad www.tmexpress.com/ Expert Free Consultation. 75,000 Since
Ad www.tmexpress.com/ Ad www.tmexpress.com/
Subdomains
75,000 Since 1992. Own your Name or 1992 First Be Legally Clear. Comprehensive 75,000 Since 1992. Own your Name or
URL Logo. Comprehensive. Be Legally Clear Research. Name, Slogan, Logo. Since Logo. Yes, be Legally Clear First!
First! 1992.
PLA Research
Keywords: 90 Keywords: 69 Keywords: 35 Keywords: 18
Display Advertising
© Copyright or ® Trademark? - Copyright or Trademark TM®SM - Ad www.tmexpress.com/copyright Copyright or Trademark TM®SM -
Tra c Analytics
Name,Slogan,Logo=Trademark. Lots of people confuse these. Lots of people confuse these.
Names, Logos & Slogans = Trademarks.
Ad www.tmexpress.com/copyright Ad www.tmexpress.com/ Expert Free Consultation. 75,000 Since Ad www.tmexpress.com/copyright
Ranks Save $1000 vs TM Attorney. Expert Names, Logos & Slogans = Trademarks. 1992 Names, Logos & Slogans = Trademarks.
Trademarking. 75,000 TM ® SM - Since Expert Free Consultation. 75,000 Since Expert Free Consultation. 75,000 Since
Domain vs. Domain
1992 1992 1992
Charts
Keyword Analytics ©Copyright or ®Trademark? © Copyright or ® Trademark? - How To Trademark - Save $1000 vs Trademark Search - Save $1000 vs
Ad www.tmexpress.com/copyright.php Name,Slogan,Logo=Trademark. TM Attorney. TM Attorney.
Projects
Names,Logos & Slogans = ®Trademarks Ad www.tmexpress.com/ Ad www.tmexpress.com/ Ad www.tmexpress.com/
Gap Analysis Where Attorneys Go. 70K® Since 1992 Save $1000 vs TM Attorney. Expert First Be Legally Clear. Comprehensive First Be Legally Clear. Comprehensive
Trademarking. 75,000 TM ® SM - Since Research. Name, Slogan, Logo. Since Research. Name, Slogan, Logo. Since
Topic Research 1992 1992. 1992.
SEO Content Template Keywords: 4 Keywords: 3 Keywords: 3 Keywords: 2
Trademark Searches - Save $1000 vs Us Trademark - Save $1000 vs TM Trademark Search Today Trademark Search Today -
TM Attorney. Attorney. Ad www.tmexpress.com/ Trademark Expert
My Reports Ad www.tmexpress.com/ Ad www.tmexpress.com/ Trademark Expert. Free TM Filing Free Ad www.tmexpress.com/

First Be Legally Clear. Comprehensive First Be Legally Clear. Comprehensive Prelim Search. Since 1992 Free TM Filing Free Prelim Search. Since
Research. Name, Slogan, Logo. Since Research. Name, Slogan, Logo. Since 1992
MANAGEMENT 1992. 1992.
My Reports
Projects
Trademark Office - Save $1000 vs Copyright A Logo And Name - Copyrights For Music - Copyright Web Site -
Lead Generation Tool TM Attorney. Name,Slogan,Logo=Trademark. Name,Slogan,Logo=Trademark. Name,Slogan,Logo=Trademark -
Ad www.tmexpress.com/ Ad www.tmexpress.com/copyright Ad www.tmexpress.com/copyright tmexpress.com
Marketing Calendar Ad www.tmexpress.com/copyright
First Be Legally Clear. Comprehensive Save $1000 vs TM Attorney. Expert Save $1000 vs TM Attorney. Expert
Notes Research. Name, Slogan, Logo. Since Trademarking. 75,000 TM ® SM - Since Trademarking. 75,000 TM ® SM - Since Save $1000 vs TM Attorney. Expert
1992. 1992 1992 Trademarking. 75,000 TM ® SM - Since
1992
Online demo
SEOquake for your browser Copyright Music Online - Copyright Your Music - How To Get Copyrights - Patent Registration - Save $1000 vs
Name,Slogan,Logo=Trademark. Name,Slogan,Logo=Trademark. Name,Slogan,Logo=Trademark. TM Attorney.
Join our A liate Program Ad www.tmexpress.com/copyright Ad www.tmexpress.com/copyright Ad www.tmexpress.com/copyright Ad www.tmexpress.com
Save $1000 vs TM Attorney. Expert Save $1000 vs TM Attorney. Expert Save $1000 vs TM Attorney. Expert First Be Legally Clear. Comprehensive
Order custom database or report Trademarking. 75,000 TM ® SM - Since Trademarking. 75,000 TM ® SM - Since Trademarking. 75,000 TM ® SM - Since Research. Name, Slogan, Logo. Since
1992 1992 1992 1992.
Have you seen our new
customizable API format? Keywords: 1 Keywords: 1 Keywords: 1 Keywords: 1
©Copyright or ®Trademark? - Getting A Logo Trademarked - Save How To Get A Logo Trademarked - Name Trademark - Save $1000 vs TM
Sensor
TMexpress.com $1000 vs TM Attorney. Save $1000 vs TM Attorney. Attorney.
Ad www.tmexpress.com/copyright.php Ad www.tmexpress.com/ Ad www.tmexpress.com/ Ad www.tmexpress.com/
Names,Logos & Slogans = ®Trademarks First Be Legally Clear. Comprehensive First Be Legally Clear. Comprehensive First Be Legally Clear. Comprehensive
Where Attorneys Go. 70K® Since 1992 Research. Name, Slogan, Logo. Since Research. Name, Slogan, Logo. Since Research. Name, Slogan, Logo. Since
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First Be Legally Clear. Comprehensive First Be Legally Clear. Comprehensive First Be Legally Clear. Comprehensive 75,000 Since 1992. Own your Name or
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1992. 1992. 1992. First! Have a Suggestion?
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01/03/18 Page 84 of 137
Trademark Search Today - Chat With Ohim Trademark Search - Save Federal Trademark - Save $1000 vs TM ® SM - Expert Trademarking |
Representative Now $1000 vs TM Attorney - TM Attorney. Save $1000 vs TM Attorney.
Ad www.tmexpress.com/ tmexpress.com Ad www.tmexpress.com/ Ad www.tmexpress.com/
70,000 Trademarks Filed Since 1992. Ad www.tmexpress.com/ First Be Legally Clear. Comprehensive First Be Legally Clear. Comprehensive
Free Expert Consultation, Call Today! First Be Legally Clear. Comprehensive Research. Name, Slogan, Logo. Since Research. Name, Slogan, Logo. Since
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1992.
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First Be Legally Clear. Comprehensive Similarities in sound, appearance & First Be Legally Clear. Comprehensive First Be Legally Clear. Comprehensive
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TM Attorney - tmexpress.com
Ad www.tmexpress.com/
First Be Legally Clear. Comprehensive
Research. Name, Slogan, Logo. Since
1992.
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Section 6
Landing Page
1/1/2018 Case 5:18-cv-00043 TradeMark
Document Express
1-1Trademark
FiledResearch
01/03/18Services
Page 86 of 137
TradeMark Express Premium Package : Comprehensive Research & USPTO
Application
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files in accordance with the USPTO’s policy, namely looking for similarities in Sound,
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no analysis of the searches. So, even if your trade
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This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files.
How it work :
We will conduct a free preliminary search of the USPTO TESS database. If clear, we will move to the next research step.
US Federal & State Trademark Research US National Common-Law Research
TradeMark Express will search the pending and registered Federal and State trademark
files in accordance with the USPTO’s policy, namely looking for similarities in Sound,
Appearance or Meaning. This involves searching synonyms, spelling variations, word If you want to also file for a Federal trademark,
placement, etc. consider our premium package. You will save $200
off our trademark preparation service when you
order with your needed comprehensive legal research at the same time.

$300 Application Preparation Package! For when you have done your comprehensive legal research elsewhere. We offer free analysis of your prior
legal research report, to double check if it was analyzed correctly and if in fact it is comprehensive. Our free review affords trademark attorney
review as well.
How it works :
Forward your prior trademark search to us for a free analysis.
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TradeMark Express will email you a quick worksheet for you to complete so we may write your trademark application, including a professional
representation of your goods or services associated with your trademark. Once received, we will then prepare and submit your Federal
trademark application. Please allow 2 – 3 days service time.
Our trademark application preparation and filing does not include step-by-step comprehensive research. We will analyze other firms research to
make sure it is comprehensive before filing. State or Federal USPTO trademark filing fees vary and are not included in application preparation
service. Your filing fee is due when we electronically file your State (filing fees range widely, per State) or Federal USPTO trademark
application $275 per class. Filing fees are separate from TradeMark Express’ service fees.
Rollover Policy
The TradeMark Express Premium & Value packages are non refundable. Any remaining funds may be applied toward future research. This policy
is advantageous to our clients for many reasons :
Trademark Express Premium Package Details:
Even if you decide to not pursue the name, you will want to search another name for your service and/or product line. This policy enables you to
use the funds on an “as-needed” basis.
For example, if Name One is blocked on the US Federal & State trademark levels, then you’ve only spent $200 of your $500 original Premium
Package. Another comprehensive research & application package can be ordered for Name Two anytime, using the remaining $300 balance plus a
new trademark research fee for the new name. No trademark research company or attorney offers this exclusive TradeMark Express exclusive
step-by-step benefit. Please note, we work on your trademark application from the outset of your order, whether or not your name, logo or slogan is
legally clear or not. We will not file your trademark, until your and your mark are ready!
If you have other trademark filings, it’s strongly recommended that comprehensive research be conducted every 2-3 years to ensure that no
other mark is infringing upon you. It’s each applicant’s responsibility to police their own mark – the USPTO will not do this for you.
By offering step-by-step research, TradeMark Express ensures that each client only pay for what is necessary. Other search companies offer a
package as well; however, the main difference is that both searches are done REGARDLESS of the findings. By doing the research in steps,
TradeMark Express saves its’ clients time, money and effort by NOT doing unnecessary research. For instance, if there is an Exact Conflict in the
US Federal & State trademark files, then why would you want the US National Common-Law search? It makes much more sense (common and
financial) to rollover that remaining balance towards a new name/search.
Pay As You Go
TradeMark Express will search your mark in the pending & registered Federal and State trademark files AND in the US National Common-Law files
and if clear, prepare AND file your US Federal trademark application – each step will be completed per your request.
How it work :
$200 US Federal & State trademark research & analysis – After conducting a free preliminary USPTO search, TradeMark Express will search the
pending AND registered Federal AND State trademark files in accordance with the USPTO’s policy, namely looking for similarities in Sound,
Appearance or Meaning. This involves searching synonyms, spelling variations, word placement, etc. This is an exhaustive search – a true
comprehensive search – that you need because it is the basis to determine if your proposed name, slogan or logo is legally available. Expert
analysis and trademark attorney review is included so we can offer you a step-by-step approach and conserve your comprehensive research $$
and speeds the trademark process. Our expert analysis saves you at least an hour of Trademark attorney time or $300 to analyze your research.
If there are Conflicts or Similarities found, we will refer you to a trademark attorney to discuss the research report. This is a huge benefit as no
other trademark service offers analysis, attorney time and Step-by-Step research.
$200 US Common Law research & analysis – TradeMark Express will search for commercial availability of the mark in over 6500 paid
databases. Businesses have “first use” or Common-Law rights to their trade names in whatever geographic trade area they serve. The US
National Common-Law research will help you to determine if you face any trade restrictions. This too is an exhaustive comprehensive search –
that you need because it is the basis to determine if your proposed name, slogan or logo is legally available. Expert analysis and trademark
attorney review is included so we can offer you a step-by-step approach and conserve your comprehensive research $$ and speeds the
trademark process. Our expert analysis saves you at least an hour of Trademark attorney time or $300 to analyze your research. If there are
Conflicts or Similarities found, we will refer you to a trademark attorney to discuss the research report. This is a huge benefit as no other
trademark service offers analysis, attorney time and Step-by-Step research.
$300 – US Federal trademark application preparation and filing – TradeMark Express will write and electrically file your US Federal trademark
application. Your trademark rights will begin immediately as we will receive a serial # back from the USPTO the moment we file your name,
slogan or logo. While awaiting registration, products can use a TM symbol and services are SM symbols. Final registration will be achieved in 9
to 12 months, then you can use a ® symbol for both products and services.
To save $200 off of the application preparation AND filing, consider ordering our Package. All of the necessary services to trademark your name,
slogan or logo are included and you save $200!
Please be aware that the USPTO charges $275 per International Classification, if filed online.

Trademark Express Premium Package Details :
Our combined Federal & State trademark search determines whether your proposed name is available for trademarking in the United States.
We research pending and registered federal marks and registered state marks through the online database provider LEXIS-NEXIS or Dialog.
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Because we break your name into smaller segments (truncation) and search for combinations of these segments (rotated), we find conflicting
marks as well as those strongly similar in Sound, Appearance or Meaning. This produces a comprehensive search, which is a crucial process in
finding similar names.
Similar marks are important to find. Trademark law offers protection against any name that could be confused in commerce with an existing
trademark.

After the Federal trademark search is complete, TradeMark Express analyzes the results before proceeding to the US National Common- Law
Search.
If there are any Conflicts or Strong Similarities with your name, we put a HOLD on the rest of the research until you’ve had a chance to discuss
the report with the referred trademark attorney.
If your name is blocked by a Conflict or Strong Similarities, we will save you from unneeded additional US National Common-Law research. At
that point, our Rollover Policy takes effect.
Other search companies and intellectual property attorneys do not offer the benefit of stopping midway to analyze the research.
If the search is clear of Conflicts or Strong Similarities, we will proceed with your US National Common-Law search.
Step-by-step research is one of our major benefits.
You will save trademark lawyer fees for his/her time to analyze each search.
Our trademark research analysis is included! This is a $300 savings from what trademark attorneys typically charge.

Businesses have “first use” or common law rights to their trade names in whatever geographic area they serve. The US National Common-Law
search tells you if & where the trade name is available for commercial use. The US National Common-Law research will help you to determine
whether you face any trade restrictions.
Common law research is important to do before you use your trade name OR expand its geographic area. It must be completed before applying
for a State or Federal trademark.
Because trademark law is based on the principle of first use, you may be infringing upon another business’ rights to the name, even if you own
the trademark.
LEXIS-NEXIS and Dialog information services includes the following sources, to name a few, to determine whether your name is currently in use
anywhere in the United States:
Over 16 million trade names are searched – yellow pages, company directories, DBA fictitious name filings, company directories, newspapers,
trade journals, court records, tax records, municipal records, credit records, product databases, industry sources, etc.
Dun & Bradstreet — Dun’s Market Indicators consist of over 11 million Dun & Bradstreet Enhanced DMI records, plus over 16 million US
records from D&B’s vast data warehouse. With over 98% of the records being private companies, DMI is widely recognized as the premier
source for hard to find, basic company information.
Company and product information databases–including American Business Information, US Business Directory Company Intelligence,
Database America All Business File and dozens of other company and product directories.
Prompt, MARS and other Full text News Sources–Hundreds of major newspapers, newsletters, business and industry-specific journals,
periodicals, abstracts and reviews.
Industry-Specific Sources–Specialized databases are researched for names in the following industries: entertainment, communications,
computers, publishing, medicine, pharmaceuticals, electronics, technology and sports.

After your Common Law search is complete, TradeMark Express will analyze the results before proceeding to your trademark application.
We will determine if your trade name is commercially available.
Any conflicting or strongly similar commercial use would enjoy first use rights under U.S. common law.
Step-by-step research is one of our major client benefits.
If the search is clear, we will prepare AND file a USPTO Federal trademark application.
If your Common Law search is blocked, we will save you from spending your money and time applying for a trademark. At that point, our Rollover
Policy takes effect.
You will save trademark lawyer fees for his/her time to analyze each search.
If the search is seemingly blocked, then we recommend a competitive check, before reviewing it with our attorneys.
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Our common law research analysis is included! This is a $300 savings from what trademark attorneys typically charge.
Federal Logo Search

Logo designs, although pictorial in composition can be reliably searched using a codified numeric search strategy. Such an approach allows a
search on any drawing element because each has an assigned numeric code. A logo design search sometimes takes up to 2 hours to write the
search strategy, before going online!
Fax or email TradeMark Express your logo design for a free consultation on whether or not it warrants a Federal trademark search.
We recommend searching your logo design if it is planned for product use AND/OR is a central element of your marketing efforts.
Logo design research is not recommended if the art is too descriptive, merely a type font or the use is too limited geographically.
There are limitations to logo design searches. Only Federal trademark databases may be searched. State trademarks and commercial common
law logo design databases do not exist on a comprehensive level. Only Federal Trademarks can be searched comprehensively for logo designs.
Our Federal Trademark logo design research and application preparation & submission is $600. We need 3 – 4 days for this complex search.
Please call or email us for a free consultation!
Research Analysis
Research analysis is the #1 reason to hire TradeMark Express for your research needs.
The key to expert research by TradeMark Express is that we patiently review and analyze each search as soon as it is completed, thus enabling
you to complete your searches in two steps instead of one.
We are not aware of any search company that analyzes its searches for clients. Trademark attorneys will analyze their ordered searches, at their
hourly fee.
Trademark and common law searches run from 300 to 500 pages of research, from comprehensive search companies, an extraordinary amount
of data to pour over in order to decide if a name is truly available.
An infringed trade name holder has an INDEFINITE time to enforce its trademark rights against you!
TradeMark Express analysis benefits our clients in two ways. First, it allows us to break the Federal/State Trademark and Commercial Common
Law Research (first use) searches for a Step-By-Step approach, (see above). Secondly, you will not need to take your research to an attorney for
review.
Exact research conflicts are easily noticed. However, trade name similarities based on similarity of sound, appearance and meaning are usually
very difficult for the untrained person to find.
It is very common for people to either over react or under react to any given similarity found in a search. Research experts at TradeMark Express
are trained to conduct and analyze each search. This can help online when having to make split second decisions about what is possibly
relevant.
We offer a FREE review of your own research or that done by other trademark companies to determine if it had been done comprehensively.

TradeMark Express offers 3 alternatives :
67% off expert trademark application preparation
Your trademark application preparation is $200 off, if the Research Package is ordered. We will prepare AND file your Federal or State trademark
application for just $100. Government filing fees still apply.
$100 Federal or State trademark application preparation and submission.
These fees apply if you do NOT conduct any research through TradeMark Express OR if you pick the Pay As You Go option. Government filing
fees still apply.
Our clients typically take 3 – 5 hours to successfully write their own trademark applications, often after several attempts. We strongly recommend
letting TradeMark Express prepare your application to maximize your goods or services protection and to make sure your application will be
accepted the first time.
The State governments and Federal government charge filing fees separate from our fees. States’ fees vary from $10 to $125. The USPTO fee is
$325 per class, per application if filed online. If filing a paper application, the fee is $375 per class, per application. TradeMark Express prepares
and files applications online ONLY — this saves you $50!
Not all trade names need a National common law search. If it is a local business, TradeMark Express offers a State common law search for $35 to
$85. Please call us.

You need to be aware that there are additional forms necessary to keeping your Federal trademark active.
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There are FOUR applications that TradeMark Express will prepare and file for you.
If you filed as an Intent-to-Use
Once the name is actively in use in commerce (i.e. across state lines or between the US & any other country), the USPTO needs to be
notified via a Statement of Use/Amendment to Allege Use form, a $100 per class and a specimen of use.
Failure to file this form will result in the cancellation of the trademark.
TradeMark Express will prepare and file this form for $100. If interested, please contact either of our 2 offices or email us your details.
If you filed as an Intent-to-Use and are not ready to use the name
If your Federally registered trademark has been in continuous use for 5 years
If your Federally registered trademark has been in continuous use for 10 years
Our clients typically take 3 – 5 hours to successfully write their own trademark applications, often after several attempts. We strongly recommend
letting TradeMark Express prepare your application to maximize your goods or services protection and to make sure your application will be
accepted the first time.
The State governments and Federal government charge filing fees separate from our fees. States’ fees vary from $10 to $125. The USPTO fee is
$275 per class, per application if filed online. If filing a paper application, the fee is $275 per class, per application.
Section 7
Supplemental
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Choose TradeMark Express

Home Choose TradeMark Express

Our philosophy is to meet the needs of our clients. This includes expert consultations,
comprehensive research and expert analysis of complex trade name searches. If a trademark
attorney is needed, we provide a free referral. TradeMark Express follows through with preparing
and filing trademark applications for the USPTO and Canada. We will also prepare applications
for all 50 States. We strive to make the process as simple as possible for all our clients. Our goal
is to carry our clients through their entire trade name clearance and trademarking process!
Started in 1992 in Los Altos, California, TradeMark Express now has a staff of 21, including 5
trademark attorneys. We have offices located in Los Altos, California and Washington, D.C..
TradeMark Express has conducted over 75,000 trademarks, including over 500,000 trade name
searches since 1992! We work on the top fee-based information providers of LEXIS-NEXIS and
Thompson & Thompson.
To research the availability of any given trade name, we often search thousands of databases to
produce a comprehensive search.
Our skill in conducting thousands of legal searches is the main reason many trademark attorneys
hire us to conduct their clients’ company, product, slogan and logo design searches.
TradeMark Express has always offered its clients more than a comprehensive trademark search.
We pride ourselves in our free consultations, free analysis of our research reports and trademark
application preparations. The main reason we do not charge as much as attorneys is because
the bulk of our work is completed by our highly trained staff – not trademark attorneys. We pass
this savings to you!
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Urgent Trademark offers the fastest comprehensive trademarking service anywhere – 5 hour
trademarking service. Urgent Trademark is for the times your trademark needs to be filed today,
if not yesterday. We will expedite the entire trademark process – without skipping any needed
steps or cutting any corners – exponentially faster than any other trademark company. You will
save 2 weeks compared to hiring a trademark attorney or 1 week if using a trademark search
company. Double these estimated comparisons if any conflicting or similar names are found to
exist, that need to be analyzed, competitively checked and reviewed with a trademark attorney.
Additionally, with Urgent Trademark you can search up to 3 names/marks to get 1 that is legally
clear. This is a huge benefit, when you need it. Fully the average name/mark faces a 30%
chance of being legally blocked. Any practical time delay could make or break your eventual
trademarking and ultimate business success. If your name, slogan or logo can be successfully
trademarked – Urgent Trademark will accomplish all your needed trademarking tasks within a
supersonic 5 hours. When we say 5 hours, we mean 5 hours, we know 5 hours – because we’ve
done over 75,000 trademarks – just like yours. Please call us for a free consultation – anytime!
Just $775.
You don’t have to accept the expensive risk of losing a desired trade name when filing with the
Patent & Trademark Office, simply because the research company made you wait a few days or
a week for your results. Please be aware that if multiple searches of backup trade names is
needed to achieve a final trademarkable name, you will be waiting 2, 3, or even 4 weeks to
complete your naming task, if the trademark attorney or research company takes a week to turn
on each name. Why delay the introduction of your new product or the opening of your new
business because the search company is slow? An available trade name today, may not be
available a month from now. Intellectual property is perishable.
Let TradeMark Express show you how simple your necessary research can be!

TradeMark Express conducts expert Federal Trademark, State Trademark and Common Law
Research (first use) on the leading online sources of LEXIS-NEXIS and/or Thompson &
Thompson business suite of 6500 databases. Each area of potential similarity is thoroughly
searched for trade name conflict and similarities – based on name similarity of sound,
appearance and meaning. These online databases, with billions of references to search through,
are updated daily. A typical trade name search may involve researching thousands of different
compiled informational databases to find a potential problem.
Lower priced preliminary searches are often conducted on books or quarterly updated CD-ROMs
or the USPTO web site and usually skip searching needed State Trademarks and/or Common
Law (first use) altogether. Don’t accept the liability in order to save a few dollars. The reason
preliminary legal research is significantly less expensive is because these companies are not
spending the time and money to do a deep enough, comprehensive search. We know from the
experience of conducting over 50,000 trademark searches that similarities are much more likely
to affect a clients’ legal use, than conflicts which a preliminary search will uncover. Most strong
similarities, in sound, appearance and meaning are found only when conducting a
comprehensive search. Thus, TradeMark Express only conducts comprehensive searches for its
clients because of its expertise.
We pay for the top business databases, so that our clients can DEPEND on our results to make
their trade name decisions. To go – or not to go, with any given trade name has to be based
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upon the most thorough research available. TradeMark Express prides itself in offering our
clients the most up-to-date information available since 1992.
Since 1992, TradeMark Express has been the only trademark company to conduct its client
research in two comprehensive research steps.
Since 2008, we now offer another chance to save $$. We will conduct a free preliminary USPTO
search of your proposed new name.
TradeMark Express Premium Package Details :
We now offer a free preliminary USPTO search of your proposed name before we delve into your
comprehensive trademark search. IF clear, we will proceed with your comprehensive State and
Federal trademark search. IF a conflicting name is found at this step, we will refer you to one of
our three trademark attorneys, in your time zone, to discuss this finding. IF truly legally blocked
we will Rollover 100% of your remaining initial Premium Package fee of $500. This is a great
service, because at this point we will have spent :30 to :40, including trademark attorney time
and you’ll still have funds to Rollover to another mark.
Premium Package fee to another name. (Step A is not offered in our Start Up Package or Value
Package.)
US Federal & State Trademark Research
US National Common-Law Research
TradeMark Express will search the pending AND registered Federal AND State trademark
files in accordance with the USPTO’s policy, namely looking for conflicts and similarities in
Sound, Appearance or Meaning. This involves searching synonyms, spelling variations, word
placement, etc.
US Federal & State trademark analysis : TradeMark Express will analyze the research
results, thereby saving you $300 in trademark attorney analysis time. If there are Conflicts
or Similarities found, we put a HOLD on the rest of the research until you’ve had a chance
to speak to our referred trademark attorney.
Not Using Name – If after speaking with the attorney, you decide not to pursue the name,
a Rollover of your remaining balance begins. Our comprehensive research & application
package is non refundable but any remaining funds may be applied towards another
name at any time.
Going Ahead with the Name – If there are NO Conflicts or Similarities OR if after
speaking with the attorney you decide to pursue the name, the next step is the US
National Common-Law.

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Analysis by experienced TradeMark Express research specialists will save you time and money
in finding a legally clear name. Our free analysis benefit alone may save you hundreds of dollars
in unnecessary search fees and trademark attorney time.
It is not recommended to interpret your own complex search results. Comprehensive search
companies will produce 300 to 500 pages of research for one trade name. Trade name
similarities in sound, appearance and meaning may affect legal use. If an infringed trade name
holder does exist, then they have up to six years to enforce their trademark rights against you!
TradeMark Express analysis benefits our clients in two ways :
It allows us to break the traditional Federal and State Trademark and Common Law Research
(first use) searches for a Step-By-Step approach.
you will not need to take your research to an attorney for review.
Exact conflicts are simple to find. Less expensive preliminary searches are good at finding
conflicts. Strong similarities however, based on similarity of sound, appearance and meaning are
much more difficult to uncover. Strong similarities are very easy to either over react or under
react to. The predominance of our client’s trade name searches are legally blocked at the strong
similarity level, not by conflicts.
Research experts at TradeMark Express are trained to conduct and analyze each search. Low
Cost analysis is the main reason you should use TradeMark Express for all of your
comprehensive research needs. The Research Analysis is not included as a feature of our
Valuate Package.

TradeMark Express offers free attorney referrals for its clients in the case of a Federal or State
Trademark or Common Law (first use) research similarity.We have trademark attorney referrals
who are located in San Francisco, Chicago & Washington DC. Our trademark attorneys will
discuss research similarities or conflicting results at no additional charge (West Coast attorney
has a 20 minute time limit). This should be enough time to discuss your findings. If you should
need more time, you may be charged their hourly rates as discussed with you at the outset of
your phone call.
Needless to say, this benefit alone is worth more than what TradeMark Express charges for its
research of your trade name. Trademark attorney fees may run from $300 to $400 an hour. If
your research results require judgment of an experienced trademark attorney, then the
TradeMark Express referred trademark attorneys will help you make the best decision. This is a
vital part of our service.
Order & Contact TradeMark

Express
Make Sure Your Business Name &

Logo are LEGALLY CLEAR Before
You Trademark
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"If Your Trademark Research Isn't

Comprehensive - Then It Isn't
Done!"
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trademark? | Avoid Trademark Attorneys | The 6500 Common Law
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Disclaimer : TradeMark Express has 5 trademark attorneys who offer attorney-client privilege
and work product doctrine. The information provided in this web site is not legal advice, but
general information on legal issues commonly encountered. TradeMark Express is not a law firm
and is not a substitute for an attorney or law firm. Communications between you and TradeMark
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75,000 Trademarks Since 1992
5 Hour Urgent Trademark Upgrade

Urgent Trademark is for the times your trademark needs to be filed today, if not yesterday. We
will expedite the entire trademark process – without skipping any needed steps or cutting any
corners – exponentially faster than any other trademark company.
Please call us for a free trademark consultation
Please complete my order today
Please call me to review my order
If the US Federal and State trademark research is clear of Conflicts or Strong Similarities,
we will proceed to the US National Common-Law research. If it is not clear of Conflicts or
Strong Similarities, our Rollover Policy is in effect.
TradeMark Express® understands the many expenses new business owners face. We also
know how necessary it is to conduct comprehensive research and analysis prior to using a
new name, slogan or logo and filing either a State or Federal trademark.
Comprehensive Trademark Packages *
Premium Package - United States Federal or State Trademark

$500 (Save $200)
CIPO Premium Package - Canada Trademark $500 – (Save $200)
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Start-Up Package - Comprehensive Research & Analysis $400
Trademark Application Preparation & Filing Services Only - USA

State, USA Federal USPTO or Canadian CIPO $300
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Year 5 Year Section 8 & 15 Filings -or- 10 Year Section 8 & 9
Filings + Protective Research – $500 – (Save $300)
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* When TradeMark Express analyzes your comprehensive research, you will save well over
$300 of trademark attorney time, per search. Do not try to do this critical task yourself. We will
determine if there are similar names in Sound, Appearance and Meaning that actually affect your
legal use of your proposed trade name under trademark law. Similar names are much more likely
to affect your legal use than obvious exact name conflicts. If a similar name is found, you will
have a consultation with one of our trademark attorneys. To fully complete your comprehensive
research, you need expert analysis or your research. If legally blocked, then your remaining fee
will be applied to your next name, after you replenish your package fee. Please see our Rollover
Policy. IF your proposed name is legally blocked, then this step conserves your comprehensive
research fee and saves money on unneeded research. No other trademark research company or
trademark attorney offers this essential service in a step-by-step fashion, like we have since
1992.
** TradeMark Express’ common law search is truly comprehensive because we will research up
to 6500 paid business databases on Lexis-Nexis and/or Dialog to make sure your proposed
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Trademark
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trademark name is not being used anywhere, as either a conflicting or merely similar legal name.
Many of our competitors say they offer “comprehensive” research, yet will visit only the main
handful of databases, skipping over the vast majority of needed databases. This does not
accomplish the job for you. If your name is legally blocked, now is the time to find out. Common
law research practice is not truly comprehensive unless it is an exhaustive search of all possible
paid business databases, like whereTradeMark Express® conducts it’s legal trademark
research.
*** USPTO Federal trademark application preparations are a total of $300 off, when you order
our TradeMark Express research package including your needed research and trademark
preparation. You will save $200 per name for ordering our TradeMark Express Premium
Package deal + $100 savingswhen we file your USPTO trademark electronically using TEAS +
$50 savings if using standard classification language = $350 total possible savings. USPTO
Federal trademark filing fees are extra. USPTO Trademark filing fees are either $275 per
class using standard classification language or $275 per class using customized language.
Filing fees are paid at the application submission stage, not with your order. State trademark
filing fees are extra. State trademark filing fees vary by State. Filing fees are paid at the
application submission stage, not with your order.


01/03/18 Page 103 of 137
Get In Touch
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TradeMark Express will comprehensively research your name, slogan or logo, analyze the
results, provide you with an attorney, if necessary, and prepare and submit your Federal USPTO
trademark application for one low fee.
New Business
01/03/18 Page 104 of 137
Domain
Logo
Privacy Policy
EXHIBIT J
Section 1
Home Page
12/29/2017 Case 5:18-cv-00043Urgent Trademark -1-1
Document When You Need01/03/18
Filed Your Trademark Now!! 107 of 137
Page
HOME PAGE ABOUT US ADVANTAGES SERVICES ATTORNEYS WHY NOW? ORDER CONTACT US
Own a Federal Trademark ®

IN JUST 5 HOURS!
We are your first step in establishing & defending a trademark.
5 Trademark attorneys with over 30 years experience each. Since 1992.
Order today & receive 1 Year Free Trademark Monitoring. $400 Value.
BE NEXT TO ORDER TODAY TO SAVE $100!
Call us @ 800-587-2336 or 800-5-TRADEMARK.
Urgent Trademark is for the times your trademark needs to be filed today, if not yesterday. We will expedite the entire trademark
process - without skipping any needed steps or cutting any corners - exponentially faster than any other trademark company. Any
practical time delay could make or break your eventual trademarking and ultimate business success. If your name, slogan or logo
can be successfully trademarked - Urgent Trademark will accomplish all your needed trademarking tasks within a supersonic 5
hours. When we say 5 hours, we mean 5 hours, we know 5 hours - because we've successfully handled over 75,000 trademarks
since 1992 - just like yours.
You will save 2 weeks compared to hiring a trademark attorney or 1 week if using a good trademarking company. Double or triple
these estimated comparisons, if you need to go to a 2nd or 3rd name, slogan or logo, (at no extra charge), - if legally blocked by
any conflicting or similar names found to exist, that are needed to be analyzed, competitively checked and reviewed with one of
our 5 trademark attorneys.
If you have a squeaky clean name, slogan or logo research report, we can easily complete your trademark filing in our promised
5 hours. Be aware though comprehensive research may prove your mark is legally blocked. It takes extra time to complete
competitive checks, trademark attorney analysis and if you have to go to a 2nd or 3rd name, slogan or logo, (at no extra charge),
then this additional work will add time and days to our work, even while we expedite your order at each step. Trademarks have
their complexities that cannot be rushed. We will never sacrifice the accuracy of our estimated 10 to 20 hours of work. Please call
us for a free expert consultation - anytime - 24 hours a day - 7 days a week! We'll untangle your true trademark needs. We're
ready, if you are!
"If Your Trademark Research Isn't Comprehensive - Then It Isn't Done!"
URGENT TRADEMARK © 2010 - 2017 • PRIVACY POLICY
https://urgenttrademark.com/index.html 1/1
Section 2
About
12/29/2017 Urgent Trademark
Case 5:18-cv-00043 - Attorneys 1-1
Document - in-house trademark
Filed attorneys help
01/03/18 Page when109
needed.
of 137
RSS
TRADEMARK ATTORNEYS
We have 5 super experienced trademark attorneys located in Washington DC, Chicago &
San Francisco. Each of our trademark attorneys have over 30 years of trademark law
experience. They are here to expedite your trademark process. Our attorneys may help you
with any trademark, international trademark, patent and copyright issue beyond your
immediate trademark needs.
https://urgenttrademark.com/attorneys.php 1/1
12/29/2017 Urgent1-1
Case 5:18-cv-00043 Document Trademark
Filed- Our Services
01/03/18 Page 110 of 137
RSS
FREE COMPREHENSIVE COMPETITIVE TRADEMARK

CONSULTATION RESEARCH CHECKS FILING
Before you hire Urgent It is critical to get your research 70% of the time confusingly We'll complete your trademark
Trademark, let us analyze your right before use and filing of your similar hits or outright conflicting application correctly because our
limited TESS &/or Internet search new trademark. Expertly names are discovered during a staff has done over 75,000 State
and review your entire situation, accessing over 6500 business comprehensive search. As we live & Federal trademarks over the
including names you may have databases while specifically in a fluid marketplace - names past 25 years. We will trademark
found on your own to determine looking for conflicting trademarks change, product lines are your name, slogan or logo the
whether or not they legally affect and common law uses that may dropped, goods or services may right way so your trademark
you. We make sure you are not also vary in similar sound, need verification or companies application will be accepted the
attempting to use confusingly appearance or meaning is the key may go out of business freeing up first time without time delaying,
similar names or untrademarkable part of determining legal their former intellectual property hoop jumping office actions that
names such as merely a surname, availability. We analyze your that may seem to block your new most clients are not up too. We
overly descriptive, geographically research too. There is no need to use all the time - not just during also routinely advise our clients of
descriptive or deceptively take your completed today's times. Competitive checks the best way to file to ensure
misdescriptive or an mere comprehensive search to a are a central part of determining maximal protection and to match
ornamentation name. Besides trademark attorney for an extra legal availability. Urgent their business situation. We will
similar or conflicting names, your hourly fee. If an trademark Trademark's staff will jump on this write your application for you.
channel of distribution, customers, attorney is needed, we have three. aspect of your trademarking Each application is unique. Just
related goods or services matter Up to 3 names may be process as needed. Estimated 1 like our clients! Estimated 2 hours.
too. researched, until one legally clear hour.
name is found. Estimated 4.5
hours.
5 HOUR COMPLETE TRADEMARKING SERVICE - START TO FINISH - BUSINESS NAMES, SLOGANS OR LOGOS.
CALL 800-5TRADEMARK or 800-587-2336.
SERVICES
Urgent Trademark's very unique trademarking services include:

Free Expert Consultation - We'll untangle your trademark situation. Call us for a consultation - anytime - 24/7.
Comprehensive Research - Know for sure your proposed name or logo is legally available or if anyone is infringing
upon your IP rights - in sound, appearance or meaning, under USA, Canadian or International trademark law.
Estimated 5 hours - per name, slogan or logo.
https://urgenttrademark.com/services.php 1/2
12/29/2017 Urgent1-1
Filed- Our Services
01/03/18 Page 111 of 137
Competitive Checks - If conflicting or similar names found in our research, we will verify their active existence.
Trademark attorney review & analysis - If a similar name needs to be discussed, we confer with one of our 5
expert trademark attorneys. Estimated 2 - 4 hours, per research report.
Trademark Filing - Federal USPTO, State or CIPO filing the right way, the first time. 2 - 4 hours estimated. EUIPO
next day.
Proof of work provided - We'll provide you and your attorney with copies of our work and reports for your
archives.
Please note: Conflicted or similar names that need extensive competitive checks and/or attorney consultations
may necessitate an extra day or two. If your name, slogan or logo is legally clear, without similarities or conflicts to
be verified & can be analyzed by one of our trademark attorneys quickly, then we will complete your trademark
filing in just 5 hours. Orders must be placed by 11am EST for our Wasington DC office. Up to 3 names may be
comprehensivey researched, until one legally clear name is determined.
https://urgenttrademark.com/services.php 2/2
Section 3
Terms
12/29/2017 https://urgenttrademark.com/privacy.php
FRIDAY, JULY 18, 2009 12:00 RSS
PRIVACY POLICY
Privacy Policy of Urgent Trademark
To Our Individual Clients:
Your privacy is important to us, and maintaining your trust and confidence is one of our highest priorities. We respect your right to keep your personal information confidential and
understand your desire to avoid unwanted solicitations. A recent law change requires us (along with banks, brokerage houses, and other financial institutions) to disclose our
Privacy Policy to you – which we are more than happy to do. We hope that by taking a few minutes to read it, you will have a better understanding of what we do with the
information you provide us and how we keep it private and secure.
A. Types of Information We Collect
We collect certain personal information about you – but only when that information is provided by you or is obtained by us with your authorization. We use that information to
prepare your personal income tax returns and may also provide various tax and financial planning services to you at your request.
Examples of sources from which we collect information include:

interviews and phone calls with you,
letters or e-mails from you,
trademark research reports.
B. Parties to Whom We Disclose Information
As a general rule, we do not disclose personal information about our clients or former clients to anyone. However, to the extent permitted by law and any applicable state Code of
Professional Conduct, certain nonpublic information about you may be disclosed in the following situations:
To comply with a validly issued and enforceable subpoena or summons.
In the course of a review of our firm’s practices under the authorization of a state or national licensing board, or as necessary to properly respond to an inquiry or complaint
from such a licensing board of organization.
In conjunction with a prospective purchase, sale, or merger of all or part of our practice, provided that we take appropriate precautions (for example, through a written
confidentiality agreement) so the prospective purchaser or merger partner does not disclose information obtained in the course of the review.
As a part of any actual or threatened legal proceedings or alternative dispute resolution proceedings either initiated by or against us, provided we disclose only the information
necessary to file, pursue, or defend against the lawsuit and take reasonable precautions to ensure that the information disclosed does not become a matter of public record.
To provide information to affiliates of the firm and nonaffiliated third parties who perform services or functions for us in conjunction with our services to you, but only if we have
a contractual agreement with the other party which prohibits them from disclosing or using the information other than for the purposes for which it was disclosed. (Examples of
such disclosures include using affiliated attorney(s) or engaging a records-retention agency to store prior year records.)
C. Confidentiality and Security of Nonpublic Personal Information
Except as otherwise described in this notice, we restrict access to nonpublic personal information about you to employees of our firm and other parties who must use that
information to provide services to you. Their right to further disclose and use the information is limited by the policies of out firm, applicable law, our Code of Professional Conduct,
and nondisclosure agreements where appropriate. We also maintain physical, electronic, and procedural safeguards in compliance with applicable laws and regulations to guard
your personal information from unauthorized access, alteration, or premature destruction.
Thank you for allowing us to serve your accounting, tax, and financial planning needs. We value your business and are committed to protecting you privacy. We hope you view our
firm as your most trusted advisor and we will work to continue earning your trust. Please call us if you have any questions or if we can be of further service.
privacy@urgenttrademark.com
https://urgenttrademark.com/privacy.php 1/2
Section 4
Keyword Bids
1/1/2018 urgenttrademark.com
Case 5:18-cv-00043 Document - Paid Search
1-1 Filed Positions Page 115 of 137
01/03/18
All Tools
Advertising Research  urgenttrademark.com  Search Projects 
Dashboard

US Other Countries LIVE DATA
UK DE FR
Domain Analytics
514 131 more... 01 Jan 2018
Overview
Organic Research
urgenttrademark.com  Desktop  Mobile TUTORIAL PDF
Backlinks Paid Search Positions for google.com database
Positions
Position Changes
514 Tra c Keywords Tra c Cost Notes 1M 6M 1Y 2Y All Time
KEYWORDS 3.0K
Competitors
Ad Copies 1.2K 2.0K
Ad History TRAFFIC
Subdomains 1.0K
URL $5.2KTRAFFIC COST

PLA Research
Jan'10 Jan'11 Jan'12 Jan'13 Jan'14 Jan'15 Jan'16 Jan'17 Jan'18
Display Advertising
Tra c Analytics
PAID SEARCH POSITIONS 1 - 100 (514)

Ranks
Add to Export Manager  0 Filter by keyword Advanced lters   Export
Domain vs. Domain
Charts Ad Keyword Pos. Block Volume CPC (USD) URL Traffic % Costs % Com. Results Trend Last Seen
Keyword Analytics trademark 2 (4) 60,500 3.67 www.urgenttradem...demark 34.36 30.07 0.41 53,100,000 Nov 2017
search
Projects
cease and 1 (4) 40,500 3.76 www.urgenttradem...demark 22.98 20.61 0.06 22,400,000 Nov 2017
desist
Gap Analysis
how to
trademark a 2 (7) 8,100 5.43 www.urgenttradem...demark 2.59 3.38 0.68 87,300,000 Nov 2017
Topic Research name
tm emoji 1 (2) 6,600 1.94 www.urgenttrademark.com/ 6.90 3.21 0.02 3,740,000 Jun 2017
SEO Content Template
trademarks 1 (6) 6,600 5.70 www.urgenttradem...demark 2.11 2.90 0.58 360,000,000 Aug 2017
how to do
My Reports transcendental 1 (2) 2,900 3.70 www.urgenttrademark.com/ 3.00 2.69 0.23 977,000 Jun 2017
meditation
how to 2 (8) 2,900 4.83 www.urgenttradem...demark 0.64 0.81 0.62 76,100,000 Nov 2017
MANAGEMENT trademark
patent and
My Reports trademark 3 (6) 2,900 5.93 www.urgenttradem...demark 1.13 1.64 0.23 4,610,000 Nov 2017
office
Projects trademark 4 (4) 1,900 1.50 www.urgenttradem...demark 1.05 0.36 0.20 29,100,000 Nov 2017
lookup
register
business 1 (5) 1,600 7.31 www.urgenttradem...demark 0.64 1.12 0.73 49,000,000 Nov 2017
Marketing Calendar name
search 2 (5) 1,600 3.68 www.urgenttradem...demark 0.64 0.56 0.36 90,900,000 Nov 2017
Notes trademarks
trademark 2 (8) 1,600 8.53 www.urgenttradem...demark 0.32 0.77 0.71 174,000,000 Sep 2017
application
Online demo
how to get a 5 (5) 1,600 4.74 www.urgenttradem...demark 0.64 0.71 0.73 125,000,000 Aug 2017
trademark
SEOquake for your browser
trademark tm 2 (8) 1,600 3.55 www.urgenttradem...demark 0.32 0.32 0.02 64,400,000 Oct 2017
trademark tm 2 (3) 1,600 3.55 www.urgenttradem...ted-TM 1.13 0.98 0.02 64,400,000 Nov 2017
trademarking 4 (4) 1,300 5.60 www.urgenttradem...demark 0.73 0.96 0.74 34,200,000 Nov 2017
Have you seen our new a name
customizable API format? trademark 1 (1) 1,000 4.91 www.urgenttradem...demark 3.81 4.45 0.27 98,600,000 Oct 2017
database
Sensor trademark 4 (4) 1,000 3.68 www.urgenttradem...demark 0.56 0.48 0.68 103,000,000 Aug 2017
name search
register a
business 3 (8) 880 8.60 www.urgenttradem...emark/ 0.16 0.42 0.77 29,600,000 Oct 2017
name
trademarking 2 (6) 880 6.62 www.urgenttrademark.com/ 0.24 0.44 0.69 1,380,000,000 Aug 2017
trademark 2 (5) 880 1.95 www.urgenttrademark.com/ 0.32 0.15 0.38 240,000,000 Apr 2017
check
amazon
trademark 4 (4) 720 5.01 www.urgenttradem...ted-TM 0.40 0.48 0.13 387,000 Nov 2017
infringement
trade name 1 (4) 720 2.87 www.urgenttradem...demark 0.40 0.27 0.67 33,000,000 Aug 2017
search
copyright 1 (1) 590 3.98 www.urgenttradem...demark 2.19 2.12 0.67 1,010,000,000 Nov 2017
name
trade name 3 (6) 590 5.87 www.urgenttradem...demark 0.16 0.32 0.73 2,620,000 Sep 2017
registration
united states
trademark 5 (5) 480 5.83 www.urgenttradem...ted-TM 0.16 0.25 0.18 14,400,000 Oct 2017
office
trademark Have a Suggestion?
infringement 2 (2) 480 12.28 www.urgenttradem...ted-TM 0.48 1.47 0.23 - Oct 2017
https://www.semrush.com/info/urgenttrademark.com+(by+adwords) 1/4
1/1/2018 Case 5:18-cv-00043 urgenttrademark.com
Document - Paid Search
1-1 Filed 01/03/18Positions Page 116 of 137
infringement ( ) u ge tt ade ted
cases
cease and 1 (1) 480 5.44 www.urgenttradem...demark 1.78 2.36 0.02 8,350,000 Nov 2017
assist
registered logo 3 (3) 480 3.77 www.urgenttradem...demark 0.32 0.30 0.12 352,000,000 Oct 2017
how to do tm 1 (1) 390 3.04 www.urgenttrademark.com/ 1.46 1.06 0.07 33,700,000 Apr 2017
trademark
international 3 (6) 390 3.61 www.urgenttrademark.com/ 0.08 0.13 0.02 36,800,000 Jun 2017
classes
trademark
application 3 (6) 390 6.61 www.urgenttradem...demark 0.08 0.23 0.74 20,000,000 Aug 2017
form
trademark 6 (7) 390 4.74 www.urgenttradem...demark 0.08 0.09 0.78 94,800,000 Oct 2017
names
trademark vs 5 (5) 320 13.82 www.urgenttradem...demark 0.08 0.42 0.13 23,600,000 Oct 2017
registered
cease and 2 (2) 320 0.00 www.urgenttradem...demark 0.32 0.00 0.03 7,840,000 Oct 2017
disist
trademarknow 2 (5) 320 5.53 www.urgenttrademark.com/ 0.08 0.15 0.10 50,000 Apr 2017
copyright 2 (6) 260 1.98 www.urgenttradem...demark 0.08 0.03 0.54 448,000,000 Aug 2017
name search
how to register 1 (1) 210 5.20 www.urgenttradem...demark 0.73 0.98 0.79 96,700,000 Aug 2017
a logo
trademark and 2 (2) 210 4.38 www.urgenttradem...demark 0.16 0.21 0.39 205,000,000 Aug 2017
copyright
brand 1 (1) 210 5.86 www.urgenttradem...demark 0.73 1.10 0.63 220,000,000 Sep 2017
registration
trademark 2 (4) 210 5.73 www.urgenttradem...demark 0.08 0.15 0.73 4,730,000 Sep 2017
filing fee
how to get
something 2 (4) 210 5.55 www.urgenttradem...demark 0.08 0.15 0.68 60,100,000 Aug 2017
trademarked
trademark 4 (8) 210 7.29 www.urgenttradem...demark < 0.01 0.07 0.87 8,180,000 Aug 2017
services
trademark
cease and 1 (1) 170 2.12 www.urgenttradem...ted-TM 0.56 0.30 0.17 265,000 Oct 2017
desist letter
trademark
infringement 5 (5) 170 24.74 www.urgenttradem...ted-TM < 0.01 0.40 0.05 1,020,000 Oct 2017
elements
copyrighted 3 (4) 170 3.27 www.urgenttrademark.com/ 0.08 0.05 0.54 5,790,000 Aug 2017
names
trademark 2 (2) 170 13.49 www.urgenttradem...demark 0.16 0.56 0.84 1,400,000 Oct 2017
attorney cost
how much
does it cost for 2 (4) 140 5.88 www.urgenttrademark.com/ < 0.01 0.09 0.70 133,000,000 -
a patent
html code for
registered 4 (4) 140 0.00 www.urgenttradem...demark < 0.01 0.00 0.00 10,700,000 Oct 2017
trademark
how to search 3 (5) 140 5.84 www.urgenttrademark.com/ < 0.01 0.07 0.47 37,900,000 -
for a patent
how much
does it cost to 1 (8) 140 4.65 www.urgenttrademark.com/ < 0.01 0.01 0.64 13,800,000 -
get a
trademark
register name 1 (3) 140 6.00 www.urgenttradem...demark 0.08 0.13 0.69 19,300,000 Sep 2017
elfontheshelf
com register 2 (4) 110 1.66 www.urgenttrademark.com/ < 0.01 0.01 0.34 1,030,000 Apr 2017
name
how to register 4 (4) 110 4.72 www.urgenttradem...demark < 0.01 0.05 0.73 33,500,000 Nov 2017
a brand name
how to register
a business 1 (5) 110 6.76 www.urgenttrademark.com/ < 0.01 0.05 0.54 5,230,000 Jul 2017
name in ohio
registered tm 3 (4) 110 11.95 www.urgenttrademark.com/ < 0.01 0.17 0.26 97,400,000 Jun 2017
how to do the 1 (1) 110 0.00 www.urgenttrademark.com/ 0.40 0.00 0.00 27,000,000 Jun 2017
tm sign
trademark fee 3 (4) 110 7.76 www.urgenttrademark.com/ < 0.01 0.09 0.59 35,700,000 -
trademark 1 (4) 110 7.25 www.urgenttradem...demark < 0.01 0.09 0.87 277,000,000 Sep 2017
online
trademark 2 (7) 110 7.25 www.urgenttrademark.com/ < 0.01 0.05 0.87 277,000,000 Aug 2017
online
name patent 2 (2) 110 3.12 www.urgenttradem...demark 0.08 0.07 0.79 275,000,000 Aug 2017
can i
trademark my 2 (3) 110 5.25 www.urgenttradem...demark < 0.01 0.09 0.49 25,300,000 Aug 2017
name
trademark 1 (6) 110 5.65 www.urgenttrademark.com/ < 0.01 0.05 0.55 94,300,000 Jun 2017
words
japan
trademark 5 (8) 110 2.34 www.urgenttrademark.com/ < 0.01 0.00 0.16 19,700,000 Jun 2017
search
patent fee 1 (1) 110 8.28 www.urgenttrademark.com/ 0.40 0.81 0.10 3,770,000 -
schedule
register a 4 (4) 90 5.78 www.urgenttradem...demark < 0.01 0.05 0.81 14,500,000 Oct 2017
trade name
trademark
protection 3 (4) 90 0.00 www.urgenttradem...ted-TM < 0.01 0.00 0.00 23,900,000 Oct 2017
australia
trademark 2 (2) 90 5.87 www.urgenttradem...demark 0.08 0.11 0.28 14,600,000 Aug 2017
license
search for 2 (3) 90 1.94 www.urgenttradem...demark < 0.01 0.01 0.54 29,100,000 Aug 2017
trademark
where do you
register a 3 (6) 90 0.00 www.urgenttradem...demark < 0.01 0.00 0.86 146,000,000 Oct 2017
trademark
trademark
business 3 (3) 90 0.00 www.urgenttradem...ted-TM < 0.01 0.00 0.00 Have
5,920,000 a Suggestion?
Oct 2017
d
Case 5:18-cv-00043 Document - Paid Search
1-1 Filed Positions Page 117 of 137
01/03/18
name canada
violation of 1 (4) 90 0.00 www.urgenttradem...ted-TM < 0.01 0.00 0.09 63,300,000 Oct 2017
trademark
trademark 1 (4) 90 0.00 www.urgenttrademark.com/ < 0.01 0.00 0.27 7,450,000 Apr 2017
hotel
trade name
registration 2 (2) 90 0.00 www.urgenttradem...demark 0.08 0.00 0.00 4,030,000 Oct 2017
south africa
trade name
registration 5 (8) 90 0.00 www.urgenttrademark.com/ < 0.01 0.00 0.00 4,030,000 Apr 2017
south africa
benefits of
registering 4 (7) 90 0.00 www.urgenttradem...demark < 0.01 0.00 0.11 644,000 Oct 2017
trademark
search
names
trademark 4 (4) 90 0.00 www.urgenttrademark.com/ < 0.01 0.00 1.00 846,000 Apr 2017
enquiry
case study on
trademark 1 (5) 90 0.00 www.urgenttradem...ted-TM < 0.01 0.00 0.00 286,000 Jul 2017
infringement
collection
trademark us 2 (7) 90 0.00 www.urgenttrademark.com/ < 0.01 0.00 0.18 13,500,000 Apr 2017
classes
check
company 3 (8) 90 0.00 www.urgenttrademark.com/ < 0.01 0.00 0.00 186,000,000 Apr 2017
registration
name
state 2 (2) 90 4.43 www.urgenttradem...demark 0.08 0.09 0.39 251,000,000 Aug 2017
trademark
how to register
a trademark in 4 (8) 90 5.34 www.urgenttradem...demark < 0.01 0.01 0.82 91,900,000 Aug 2017
usa
trademark
registration in 2 (5) 90 0.00 www.urgenttradem...demark < 0.01 0.00 0.00 2,930,000 Oct 2017
india fees
registry logo 2 (2) 90 0.00 www.urgenttradem...demark 0.08 0.00 0.13 78,600,000 Oct 2017
trademark a
name in 7 (7) 90 0.00 www.urgenttradem...ted-TM < 0.01 0.00 0.79 6,190,000 Oct 2017
australia
metal
trademark
infringement 2 (2) 90 0.00 www.urgenttradem...ted-TM 0.08 0.00 0.11 389,000 Oct 2017
amazon
trademark 1 (3) 90 2.97 www.urgenttradem...demark < 0.01 0.03 0.46 55,900,000 Sep 2017
search usa
sports
trademark 2 (2) 90 0.00 www.urgenttradem...ted-TM 0.08 0.00 0.02 855,000 Oct 2017
infringement
trademark
cases
acceptable
identification 1 (4) 90 0.00 www.urgenttradem...ted-TM < 0.01 0.00 0.00 - Oct 2017
of goods &
services
trademarking
a logo in 2 (8) 90 0.00 www.urgenttrademark.com/ < 0.01 0.00 0.00 83,000 Apr 2017
canada
apply for
trademark 2 (5) 90 11.43 www.urgenttradem...demark < 0.01 0.09 0.93 73,500,000 Oct 2017
online
trademark
safeguard 2 (3) 90 0.00 www.urgenttrademark.com/ < 0.01 0.00 0.00 596,000 Apr 2017
scam
name list
trademark 1 (3) 90 0.00 www.urgenttradem...ted-TM < 0.01 0.00 0.00 35,700,000 Oct 2017
status online
can you
trademark a 2 (5) 90 0.00 www.urgenttradem...demark < 0.01 0.00 0.14 41,600,000 Oct 2017
last name
trademark
online 2 (5) 90 0.00 www.urgenttradem...demark < 0.01 0.00 0.85 86,800,000 Oct 2017
application
name and logo
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All Tools
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Other Countries LIVE DATA
US UK DE FR
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131 more... 01 Jan 2018
Overview
Organic Research
urgenttrademark.com  Desktop  Mobile TUTORIAL PDF
Backlinks Ad Copies for google.com database
Positions AD COPIES 1 - 100 (215)

Position Changes Advanced lters  Sort by  Export
Number of keywords - desce…
Competitors
Ad Copies TM ® SM - 5 Hour Trademarking - Trademark Infringement Issues? - 5-Hour Trademarks TM ® SM - Full

Ad www.urgenttrademark.com/trademar
75,000 Since 1992. 5 Attorneys Call Us to Get TM in 5 Hours k Service.Comprehensive.Attorney
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Ad www.urgenttrademark.com/ Ad www.urgenttrademark.com/expedited 75K Trademarks Since '92. Up to 3
Ad www.urgenttrademark.com/
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Comprehensive Research. Up to 3 names, -TM Names, Slogan, logo for 1 Legally Clear Start to Finish.70,000® Since 1992.
URL slogan, logo to get 1 legally clear mark. 75K Trademarks Since '92. Up to 3 Mark.
Names, Slogan, logo for 1 Legally Clear
PLA Research
Mark.
Display Advertising
Tra c Analytics
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Section 6
Landing Page
12/29/2017 Urgent
Case 5:18-cv-00043 Document 1-1Trademark
Filed- About Us
01/03/18 Page 123 of 137
RSS
TESTIMONIALS A FEW WORDS ABOUT US

“My partner and I could not agree how to run our new start Urgent Trademark is a Ventari Ventures, Inc new trademark
up clothing business. After countless hours, I thought up offering. We have over 25 years of experience trademarking a
the name. It's my name. I did it. The name IS the business. I wide variety of trademark products and servicemark companies.
needed to trademark MY name before my ex-partner could Our expert staff offers it's broad knowledge of trademarks to you
snatch it. There's no way he could trademark it faster than
for the fastest, yet complete trademark service ever. We have
Urgent Trademark. Thanks"
the capacity to easily turn on your trademark filing without
“I own a sign company in Texas and lo and behold someone sacrificing any needed services. When we say 5 hours, we mean
opened up across town using a name very close to my 5 hours, we know 5 hours - because we've done over 75,000
business name. I needed to fully protect my name before trademarks - just like yours. Please call us for a free
my attorney could deliver a cease and desist letter to my consultation - anytime!
soon to be changing their name competitor. Urgent
Trademark did it. The next day they got it!"
https://urgenttrademark.com/about_us.php 1/1
12/29/2017 Urgent1-1
Filed- Advantages
01/03/18 Page 124 of 137
RSS
ADVANTAGES ADVICE FROM EXPERTS

Chris DeMassa - President.
5 HOUR COMPLETE Trademark right the first time. No matter how urgent your
TRADEMARKING - START TO trademarking needs, do not skip the steps! Comprehensively
FINISH - BUSINESS NAMES, research your mark before use, before filing a trademark.
SLOGANS OR LOGOS. Similar names - varying in sound, appearance & meaning
matter under trademark law - do affect your legal use. An
exhaustive comprehensive search is needed for every new
business name. The internet is a good starting place to
CALL 800-5TRADEMARK or 800-587-2336.
research, but not close to what a 4.5 hour, 6500 database
Urgent Trademark is for the times your trademark needs to be experienced research effort will uncover. If a conflict or
filed today, if not yesterday. We will expedite the entire similarity exists, we have to find it. The USPTO will not do your
trademark process - without skipping any needed steps or research for you. They do not research State trademarks (1
million marks) or common law uses (13 million marks). They
cutting any corners - exponentially faster than any other
only research Federal trademarks (2 million) - taking an
trademark company. You will save 2 weeks compared to hiring
additional 5 months after you file. Blindly filing a trademark
a trademark attorney or 1 week if using a trademark search
application without doing proper comprehensive research,
company. Double these estimated comparisons if any
analysis, competitive checks and attorney advice is a mistake.
conflicting or similar names are found to exist, that need to be If others legally have trademark or common law rights to a
analyzed, competitively checked and reviewed with a name, they have up to 6 years to enforce their rights against
trademark attorney. Any practical time delay could make or you. In 2008, the USPTO rejected 39% of applications received,
break your eventual trademarking and ultimate business even with the helpful TESS tool handily available. These were
success. If your name, slogan or logo can be successfully poorly filed, without any or little research done beforehand.
trademarked - Urgent Trademark will accomplish all your Given only 20% of existing names are Federally filed for
needed trademarking tasks within a supersonic 5 hours. When trademarks it is astounding how many more millions of names
we say 5 hours, we mean 5 hours, we know 5 hours - because are started without proper comprehensive research each year.
we've done over 75,000 trademarks - just like yours. Please call How many more marks are in reality are actually legally
us for a free consultation - anytime! blocked yet are being used? Yet have been granted a worthless
Federal trademark?The moral is, if your new business is worth
doing, it is worth doing right. Urgent Trademark will sure your
new name is truly legally available, then write your trademark
"If Your Trademark Research Isn't Comprehensive - application so it will sail through the USPTO. Urgent Trademark
Then It Isn't Done!" will expertly accomplish your trademark in every detail, like it
has for 75,000 other satisfied clients over the last 25 years.
Call us for a free consultation - anytime!
https://urgenttrademark.com/advantages.php 1/1
Section 7
Supplemental
12/29/2017 Chris
Case 5:18-cv-00043 Document 1-1 DeMassa
Filed| LinkedIn
01/03/18 Page 126 of 137
Contact and Personal Info

Chris’ Profile and Twitter
Show more
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Colin K. Djieugoue, CPA 2nd

I help nonprofits' executives stay on
top of their financials so they can
make effective strategic and tactic
decisions.
Chris DeMassa 2nd Atheer Al-Taie, EMBA, PMP, BSc. C

We help starting or expanding businesses obtain ownership of their name, logo Project Manager at Mountainview Constru
or slogan.
Tom Gordon 3rd
TradeMark Express California State University, Fullerton
Chairman of the Board at DSL
San Francisco Bay Area 394 Construction Corp
Alexis Brinkman 3rd

Connect Send InMail More… Merchandising Consultant at The
Grommet | We're hiring!
Debra Scott 3rd

How will Chris help you? Optician at Edward Beiner Purveyor
of Fine Eyewear
✔ I help starting or expanding businesses obtain ownership of their name, logo or slogan at a state, federal
and international level.
David Medlin 3rd
Custom Cabinet Maker
✔ Trademark Express & Urgent Trademark has been a reliable company since 1992.
► A+ BBB Reliability: http://www.bbb.org/sanjose/business-reviews/trademark-agents-and- Amanda Rosenberg 3rd

consultants/trademark-express-in-los-altos-ca-248180 Operations and Marketing Intern at
CosBar
✔ We offer comprehensive research unlike any other trademarking company. We will get your trademark right
the 1st time. Celeste Vos 3rd
VP Sales at Barton Perreira
✔ We have four trademark attorney's on our team with over 23 years experience.
Ahmed AlNammi 3rd
►►►You can't go wrong with Trademark Express, we offer the best of both worlds◄◄◄ CEO of King Faisal Medical City for
Southern Region
✔ Excellent in depth step by step comprehensive research
✔ Expert attorney research reviews Rhonda Rand MD, FAAD 3rd
✔ Application preparation & filing. Dermatologist at Rhonda Rand MD,
Inc.
✔ We have an almost perfect acceptance rate of getting our clients approved by the USPTO!
►Read our testimonials here: http://www.tmexpress.com/testimonials.php. Popular courses on LinkedIn Learning
►Contact us for free consultation 1(800)776- 0530 Advertising on Instagram

Viewers: 6,431
Setting Up Your Small

Business as a Legal Entity
Viewers: 26,018
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7 Mutual Connections
You and Chris both know Rolf Claessen, Joe Uddeme, and 5 others
Experience
Owner Messaging
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Case 5:18-cv-00043 Document 1-1 DeMassa
Filed| LinkedIn
01/03/18 Page 127 of 137
TradeMark Express
Jul 1992 – Present 25 yrs 6 mos
Education
California State University, Fullerton
Marketing Management & Advertising ManagementMarketing, management,
psychology
1978 – 1984
Featured Skills & Endorsements
Marketing Strat… 19 Endorsed by Ken Kirker, who is highly skilled at this
Microsoft Excel 9 Mel Nickel Network Administrator Graduate and 8 connections have
given endorsements for this skill
Contract Negoti… 7 Raul Lopez Jr. and 6 connections have given endorsements for this
skill
See 24 more skills
Recommendations
Received (1) Given (0)
Sandra Ospina Chris de Massa is a pioneer in branding and name

President at Sandra development- he was avant garde & on the right track way
Ospina & Co.
before & doing what others are doing now!
June 24, 2013, Sandra worked
with Chris but at different
companies
Accomplishments
1 Certification
Accredited investor.
1 Organization
American Marketing Association, American Management Association, Photo Marketing
Association
Interests
Priyanka Chopra
Actor, Entrepreneur, Philanthropist...D…
251,051 followers
TradeMark Express
14 followers
California State University, Full…

170,423 followers
California State University, Full…

156,246 followers
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TradeMark Express - Your Home for Trademark Registration and ...

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Trademark Application Timeline, Take One I spent
tmexpress.blogspot.com/2007/11/trademark-application-timeline-take-one.html
Nov 27, 2007 - Anywhere from 1-3 months seems to be the average length of time it's taking the Send to your phone Send
examining attorneys to send out O ce Actions. This can be shorter if the application is led correctly
from the get go. Step 5: Notice of Publication Provided that there are no objections from the examining
attorney and/or you've ...
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November 12 - TradeMark Express Blog: All Things Trademark - blogger
tmexpress.blogspot.com/2007/11/
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Attorney
Home Attorney
12 Reasons to Avoid Trademark

Attorneys!
We’d love to trademark your new names!

There really is no better company to accomplish your trademarks with, than us! That’s what 25
years in business, 75,000 trademarks and many clients who have offered testimonials imply!
Please see : Testimonials
In the case where you are thinking of using a trademark attorney, we compiled 12 reasons why
TradeMark Express is a WAY BETTER choice! We want you to be aware of all the advantages
we offer when you want to use and trademark your new names.
We have 5 trademark attorneys, whose time is FREE to you, with >150 combined years
experience.
Our entire staff offers free expert consultations. So you always can get immediate help.
Super fast 2-4 day comprehensive legal research. (Almost all attorneys outsource the needed
comprehensive research portion of the job, taking an extra 7-10 days.)
True comprehensive research. (Not just a preliminary search. Not just a USPTO search. IF you
hear from another trademark company or attorney that their research will take a short time, like
a day, then ask: Is it COMPREHENSIVE? Ask: Are your reports 300-500 pages? Ask: is your
firm paying for access into 1000’s of business databases to MAKE SURE may mark is
LEGALLY CLEAR?)
Step-by-Step comprehensive research. 3 steps. We have been the ONLY trademark company,
since 1992, when we first opened to offer Step-by-Step comprehensive research. You don’t
pay for research you don’t need.
https://www.tmexpress.com/attorney/ 1/6
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Inexpensive analysis. (We figure our time at $50/hr, not $350/hour trademark attorneys
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"If Your Trademark Research Isn't

Comprehensive - Then It Isn't
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Trademark Express Blogs,

Articles & Testimonials
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Get In Touch
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staff@tmexpress.com
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TradeMark Express will comprehensively research your name, slogan or logo, analyze the
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Case 5:18-cv-00043 Document 1-1 Filed 01/03/18 Page 1 of 137

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UNITED STATES PATENT AND TRADEMARK OFFICE

Consent Exclusion pursuant to 37 C.F.R. § 11.27, executed by Matthew H. Swyers

("Respondent") on December 20, 2016. Respondent submitted the twelve-page Affidavit

pursuant to 37 C.F.R. § 11.27.

Respondent, of Vienna, Virginia, is an attorney licensed to practice law in the

USPTO in trademark matters. As such, he is subject to the USPTO Code of Professional

Professional Conduct, which are set forth at 37 C.F.R. §§ 11.101through11.901.1

Pursuant to 35 U.S.C. §§ 2(b)(2)(D) and 32 and 37 C.F.R. § 11.27, the USPTO

before the Office.

Allegations of the Disciplinary Complaint

A disciplinary complaint is pending against Respondent (Proceeding No. 2016-20)

which alleges that:

a. Respondent, an experienced trademark lawyer and former USPTO

b. Respondent, the sole attorney at the company, did not personally

c. As a result of Respondent's failure to supervise his employees,

d. Respondent failed to deposit client funds paid in advance into a

e. Respondent failed to respond to lawful requests for information or

Respondent's Affidavit For Consent Exclusion

Respondent acknowledges in his December 20, 2016 Affidavit For Consent

2. He is aware that the disciplinary complaint filed against him (Proceeding

Code of Professional Responsibility and/ or the USPTO Rules of Professional Conduct:

a. 37 C.F.R. § 10.23(a) (engaging in disreputable or gross

Trademark Examining Attorneys would rely on the

b. 37 C.F.R. § 10.23(b)(4) (engaging in conduct involving

by an attorney prior to being filed with the Office; engaging

clients who purchased trademark legal services from The

c. 37 C.F.R. § 10.23(b)(5) (engaging in conduct prejudicial to the

distinctive of the goods/ services through the applicant's

d. 37 C.F.R. § 10.23(b)(6) (engaging in any other conduct that

e. 37 C.F.R. §§ 10.23(a) and (b) via 10.23(c)(2)(ii) (knowingly

f. 37 C.F.R. §§ 10.23(a) and (b) via 10.23(c)(15) (violating the

g. 37 C.F.R. § 10.31(a) (deceiving or misleading prospective

business before the Office by word, circular, letter, or

h. 37 C.F.R. § 10.47(a) and (c) (aiding a non-practitioner in the

i. 37 C.F.R. § 10.48 (sharing legal fees with a non-practitioner by

j. 37 C.F.R. § 10.77(b) (handling a legal matter without

k. 37 C.F.R. § 10.77(c) (neglecting client matters by, inter alia: not

1. 37 C.F.R. § 10.84(a)(l) (intentionally failing to seek the lawful

m. 37 C.F.R. § 10.84(a)(3) (intentionally prejudicing or damaging

n. 37 C.F.R. § 10.89(c)(6) (intentionally or habitually violating

involvement or superv1s10n; and/ or (ii) not reviewing

o. 37 C.F.R. § 10.112(a) (failing to deposit legal fees paid in

p. 37 C.F.R. § 11.101 (failing to provide competent

q. 37 C.F.R. § 11.104(a) (failing to keep his client reasonably

Application No. 86/287,301 and by not informing her that he

r. 37 C.F.R. § 11.115(a) (failing to hold property of a client or

s. 37 C.F.R. § ll.115(c) (failing to deposit into a client trust

t. 37 C.F.R. § ll.303(a)(l) (knowingly making a false statement

u. 37 C.F.R. § ll.303(d) (failing, in an ex parte proceeding, to

immediately before the date of this statement;"; failing, in an

v. 37 C.F.R. § 11.503(a) (failing to make reasonable efforts to

w. 37 C.F.R. § 11.503(b) (failing to make reasonable efforts to

x. 37 C.F.R. § 11.503(c) (ordering or ratifying the conduct of the

alia: (i) failing to adequately supervise his employees or

y. 37 C.F.R. § 11.504(a) (sharing legal fees with a non-

z. 37C.F.R.§11.505 (assisting other persons in the unauthorized

aa. 37 C.F.R. § 11.701 (making false or misleading

bb. 37 C.F.R. §11.SOl(b) (failing to respond to lawful requests for

cc. 37 C.F.R. § ll.804(c) (engaging in conduct involving

of marks that did not depict the actual mark as used in

92298827

92298827