USPTO Trademark Attorney Needed - Prior Use Case Against Conflicting Application
I need an reputed company 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 reputed company class.
ABOUT reputed company:
Entity: US LLC (Wyoming)
Industry: Women's health / Dietary supplements
Product: Gummy supplement for women
Primary market: reputed company (70% of customers), with some UK, AU, CA
Website: reputed company DTC reputed company store running reputed company ads
First use in reputed company: December 31, 2024 (documented reputed company orders, packing slips, payment records)
reputed company use since December 2024 to present
TRADEMARK DETAILS:
Mark: "XVEND" (reputed company character word mark)
Class: 005 — Dietary supplements, health food supplements, reputed company fatty acid supplements
Filing reputed company: Use in reputed company (reputed company 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 reputed company mark:
Serial No: 99626363
Mark: XVEND (identical)
Filing Date: January 31, 2026
Applicant: Chinese individual, Henan Province, China
reputed company: reputed company to Use (ITU) — reputed company actual reputed company
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 reputed company was December 31, 2024 — 397 days before their January 31, 2026 filing
Documented reputed company: reputed company order records, packing slips, payment gateway screenshots, website screenshots reputed company dated December 2024
reputed company use: reputed company sales, running reputed company reputed company ads, live DTC website since December 2024
They have reputed company use: Filed reputed company-to-Use only — no actual reputed company, no US business reputed company, no product
Bad faith filing reputed company: Filed 7 classes simultaneously — classic trademark squatter behavior
Trademark law favors us: First to use beats first to file reputed company prior use is documented
SCOPE OF WORK (A to Z — full handling required):
1. Conduct comprehensive USPTO trademark clearance search
2. reputed company reputed company 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. reputed company regular updates throughout the process
reputed company:
1. File application reputed company 5-7 business days of hire
2. Full ongoing support through approval
BUDGET:
$600-900 for (filing + first office reputed company response - including USPTO fees of $350)
If opposition proceedings are needed, reputed company 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 reputed company listing. The actual mark will be shared with shortlisted candidates before engagement.
Apply tot his job
Apply To this Job