USPTO Trademark Attorney Needed - Prior Use Case Against Conflicting Application
I need an experienced USPTO trademark attorney to handle a trademark application for "XVEND" (word mark) — a women's health dietary supplement brand — including managing a conflicting application already filed by a Chinese individual for the identical mark in the same class.
ABOUT THE COMPANY:
Entity: US LLC (Wyoming)
Industry: Women's health / Dietary supplements
Product: Gummy supplement for women
Primary market: United States (70% of customers), with some UK, AU, CA
Website: Active DTC Shopify store running paid ads
First use in commerce: December 31, 2024 (documented Shopify orders, packing slips, payment records)
Continuous use since December 2024 to present
TRADEMARK DETAILS:
Mark: "XVEND" (standard character word mark)
Class: 005 — Dietary supplements, health food supplements, omega fatty acid supplements
Filing basis: Use in Commerce (Section 1a) — actual use with documented sales
Application: Not yet filed for this specific mark (product trademark already filed separately)
THE CONFLICT:
A Chinese individual has filed an identical trademark application for the exact same mark:
Serial No: 99626363
Mark: XVEND (identical)
Filing Date: January 31, 2026
Applicant: Chinese individual, Henan Province, China
Basis: Intent to Use (ITU) — zero actual commerce
Classes filed: 005, 006, 018, 044, 046, 051, 052 (broad filing, likely bad-faith)
Attorney on record: US-based attorney
OUR STRONG ADVANTAGES:
Prior use by 13 months: Our first use in commerce was December 31, 2024 — 397 days before their January 31, 2026 filing
Documented proof: Shopify order records, packing slips, payment gateway screenshots, website screenshots all dated December 2024
Continuous use: Active sales, running paid Facebook ads, live DTC website since December 2024
They have zero use: Filed Intent-to-Use only — no actual commerce, no US business presence, no product
Bad faith filing pattern: Filed 7 classes simultaneously — classic trademark squatter behavior
Trademark law favors us: First to use beats first to file when prior use is documented
SCOPE OF WORK (A to Z — full handling required):
1. Conduct comprehensive USPTO trademark clearance search
2. Provide legal opinion on approval likelihood given the conflict
3. Prepare and file USPTO trademark application (TEAS Plus, Class 5)
4. Include prior use evidence package in filing
5. Monitor application status
6. Handle any office actions including responding to USPTO if they cite the conflicting application
7. If needed, handle opposition proceedings at TTAB based on our prior use rights
8. Provide regular updates throughout the process
TIMELINE:
1. File application within 5-7 business days of hire
2. Full ongoing support through approval
BUDGET:
$600-900 for (filing + first office action response - including USPTO fees of $350)
If opposition proceedings are needed, open to discussing additional flat fee
Prefer flat fee arrangement for predictable costs
USPTO filing fee of $350 included in budget
Note: "XVEND" is a placeholder used for this public listing. The actual mark will be shared with shortlisted candidates before engagement.
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ABOUT THE COMPANY:
Entity: US LLC (Wyoming)
Industry: Women's health / Dietary supplements
Product: Gummy supplement for women
Primary market: United States (70% of customers), with some UK, AU, CA
Website: Active DTC Shopify store running paid ads
First use in commerce: December 31, 2024 (documented Shopify orders, packing slips, payment records)
Continuous use since December 2024 to present
TRADEMARK DETAILS:
Mark: "XVEND" (standard character word mark)
Class: 005 — Dietary supplements, health food supplements, omega fatty acid supplements
Filing basis: Use in Commerce (Section 1a) — actual use with documented sales
Application: Not yet filed for this specific mark (product trademark already filed separately)
THE CONFLICT:
A Chinese individual has filed an identical trademark application for the exact same mark:
Serial No: 99626363
Mark: XVEND (identical)
Filing Date: January 31, 2026
Applicant: Chinese individual, Henan Province, China
Basis: Intent to Use (ITU) — zero actual commerce
Classes filed: 005, 006, 018, 044, 046, 051, 052 (broad filing, likely bad-faith)
Attorney on record: US-based attorney
OUR STRONG ADVANTAGES:
Prior use by 13 months: Our first use in commerce was December 31, 2024 — 397 days before their January 31, 2026 filing
Documented proof: Shopify order records, packing slips, payment gateway screenshots, website screenshots all dated December 2024
Continuous use: Active sales, running paid Facebook ads, live DTC website since December 2024
They have zero use: Filed Intent-to-Use only — no actual commerce, no US business presence, no product
Bad faith filing pattern: Filed 7 classes simultaneously — classic trademark squatter behavior
Trademark law favors us: First to use beats first to file when prior use is documented
SCOPE OF WORK (A to Z — full handling required):
1. Conduct comprehensive USPTO trademark clearance search
2. Provide legal opinion on approval likelihood given the conflict
3. Prepare and file USPTO trademark application (TEAS Plus, Class 5)
4. Include prior use evidence package in filing
5. Monitor application status
6. Handle any office actions including responding to USPTO if they cite the conflicting application
7. If needed, handle opposition proceedings at TTAB based on our prior use rights
8. Provide regular updates throughout the process
TIMELINE:
1. File application within 5-7 business days of hire
2. Full ongoing support through approval
BUDGET:
$600-900 for (filing + first office action response - including USPTO fees of $350)
If opposition proceedings are needed, open to discussing additional flat fee
Prefer flat fee arrangement for predictable costs
USPTO filing fee of $350 included in budget
Note: "XVEND" is a placeholder used for this public listing. The actual mark will be shared with shortlisted candidates before engagement.
Apply tot his job
Apply To this Job