Welcome to the California Western School of Law USPTO Trademark Clinic.
Information for Students
Information for Clients
The California Western School of Law United States Patent and Trademark Office (USPTO)
Trademark Clinic ("Trademark Clinic") is a pro bono clinic staffed with student practitioners that focuses on the
application and registration process for federal trademarks and service marks. The Trademark Clinic does not
represent mark owners in opposition or cancellation actions before the Trademark Trial and Appeal Board, nor does it
provide representation in litigation or licensing matters. Though services provided by the Trademark Clinic are
free, applicants must pay out-of-pocket expenses, such as USPTO
filing fees.
The Law
School Clinic Certification Program of the USPTO allows law students enrolled in a participating law
school’s clinic program to practice trademark law before the USPTO under the strict guidance of a law school
faculty clinic supervisor. Student Practitioners are granted a provisional license to practice law before the USPTO
by the Director of the Office of Enrollment and Discipline.
The goal of the clinic is to provide an opportunity to qualified second or third year law students to learn trademark
prosecution skills and to practice those skills while serving the small business community. Trademark Clinic
students gain experience drafting and filing trademark applications for the clinic’s clients. Further, the
students may also gain experience answering Office Actions and communicating with trademark examining attorneys.
The student practitioners sign up for the Clinic for one 13-week semester. Because many trademark matters take
several months to complete, it may be necessary for more than one student practitioner to work on a client’s
matter before the matter is resolved.
Client Eligibility & Intake Process
Not all persons who apply may be eligible for acceptance as a client into the Trademark
Clinic. Acceptance into this program requires each prospective pro bono client to be screened for eligibility.
Clients of the Trademark Clinic are selected based upon a number of factors, including their financial need, the
matter passing a conflict check, the educational value to the Trademark Clinic students, and the Clinic’s
caseload.
If eligible, the client may be invited to phone intake interview. Participating
in the phone intake interview does not constitute acceptance by the clinic of the case. Following the
phone interview the Clinic will determine if it can take on the case. If appropriate, the Clinic will ask the
prospective client to sign and return a written engagement agreement, even though there will be no attorneys’
fees charged. Representation of the client does not begin until the engagement agreement is signed by both
the client and the Supervising Attorney. Representation will end when the application is registered, or
abandoned.
The prospective client must be prepared to file the application, and promptly respond to
clinic communications. Pursuant to USPTO rules, clients must be individuals, not-for-profits, or small businesses
who are unable to afford the typical legal fees associated with federal trademark filings, but who have the
financial means to pay their own official fees. Income eligibility is determined by the USPTO micro-entity
threshold.
The Trademark Clinic cannot represent clients in contested matters, matters in which
there is a known legal claim, or a demand is being made or is likely to be made on the prospective client.
The Trademark Clinic reserves the right in any individual case to waive all or any
portion of the client eligibility rules, to include additional conditions on a case-by-case basis, or to change the
criteria without notice according to its sole discretion and the best interests of the clinical program.
Application Process
The Trademark Clinic currently has a full docket. As such, it is unlikely the Trademark
Clinic will be able to accept new clients at this time. However, if you meet our eligibility criteria and are
willing to wait for assistance, the Trademark Clinic may add you to its potential client list.
If you think you may qualify and are interested in the services of the Trademark
Clinic, please complete the intake form, which can be accessed by clicking the "Intake Form" link on the right of
the page.
Please note that some trademark rights are time sensitive. Thus, delaying your project may result in the
loss of trademark rights. If your trademark matter is time sensitive please do not wait for the Trademark Clinic
to review your matter for possible representation.
Please send an email to trademarkclinic@cwsl.edu for more information.