Trademark Attorney for "Use in Commerce" Application + Cease & Desist Against Intent-to-Use
We are seeking an experienced, licensed US trademark attorney to handle a time-sensitive trademark matter with significant business value. We have established prior use of our service mark with substantial SEO equity and market presence, but a third party has filed an Intent-to-Use (ITU) application for an identical mark. We need immediate action to protect our brand.
THE SITUATION
Our company has been actively using our trademark in commerce since October 3, 2025, with documented evidence of service delivery, customer transactions, and established SEO rankings. Our mark has built considerable organic search visibility and brand recognition in our market.
A competitor filed an Intent-to-Use application for our identical trademark on January 13, 2026 βover three months after we established our prior use. This is a clear attempt to claim rights to a mark we already own through actual use.
SCOPE OF WORK
Deliverable 1: File "Use in Commerce" Trademark Application
Prepare and file a comprehensive trademark application with the USPTO based on our actual use in commerce. This includes:
β’ Proper classification of goods/services
β’ Specimen of use documentation
β’ Declaration of use in commerce with October 3, 2025 as the priority date
β’ Comprehensive application narrative that establishes our prior use and market presence
Deliverable 2: Cease and Desist Letter
Draft and send a professional but assertive cease and desist letter to the applicant of the competing ITU mark that:
β’ Clearly establishes our prior use and superior rights
β’ Explains the legal weakness of their Intent-to-Use application filed after our established use
β’ Demands abandonment of their application
β’ References our federal filing and SEO/market presence as evidence of our established rights
β’ Sets a reasonable timeline for their response
Optional Follow-Up (Separate Contract):
If the competitor does not abandon their application, we will engage you for a formal opposition proceeding once their mark is published for opposition.
Apply Now
Apply Now
THE SITUATION
Our company has been actively using our trademark in commerce since October 3, 2025, with documented evidence of service delivery, customer transactions, and established SEO rankings. Our mark has built considerable organic search visibility and brand recognition in our market.
A competitor filed an Intent-to-Use application for our identical trademark on January 13, 2026 βover three months after we established our prior use. This is a clear attempt to claim rights to a mark we already own through actual use.
SCOPE OF WORK
Deliverable 1: File "Use in Commerce" Trademark Application
Prepare and file a comprehensive trademark application with the USPTO based on our actual use in commerce. This includes:
β’ Proper classification of goods/services
β’ Specimen of use documentation
β’ Declaration of use in commerce with October 3, 2025 as the priority date
β’ Comprehensive application narrative that establishes our prior use and market presence
Deliverable 2: Cease and Desist Letter
Draft and send a professional but assertive cease and desist letter to the applicant of the competing ITU mark that:
β’ Clearly establishes our prior use and superior rights
β’ Explains the legal weakness of their Intent-to-Use application filed after our established use
β’ Demands abandonment of their application
β’ References our federal filing and SEO/market presence as evidence of our established rights
β’ Sets a reasonable timeline for their response
Optional Follow-Up (Separate Contract):
If the competitor does not abandon their application, we will engage you for a formal opposition proceeding once their mark is published for opposition.
Apply Now
Apply Now