1. No Legal Advice or Representation

IPED, LLC is not a law firm, and the services we offer are administrative and informational in nature. We do not provide legal advice, nor do we represent clients in legal proceedings before the USPTO or any other regulatory body.

Example: If a client receives a refusal notice from the USPTO for a trademark application, IPED can draft a response based on case law research and factual analysis, but we cannot interpret the law or argue directly with the USPTO on the client's behalf. For that, a licensed attorney must be involved.

Any recommendations or proposals provided by IPED are based on our experience and research and should not be construed as legal advice.

Example: When providing a draft response to an office action, IPED might suggest possible arguments based on similar past cases. However, these suggestions are intended for informational purposes only, and it is up to the client or their attorney to determine whether these arguments align with legal strategy.

2. Role as a Scrivener and Administrator

IPED's services include drafting documents, conducting research, and preparing responses based on client instructions. We operate as a scrivener, entering information as directed by clients and ensuring that administrative tasks are completed in a timely manner.

Example: A client may instruct IPED to draft a response to a USPTO office action. IPED will draft the response based on the client's provided information and specific instructions but will not file the document directly with the USPTO unless it has been reviewed and approved by the client's licensed attorney.

Our role is limited to providing factual information, data analysis, and draft preparation, without engaging in any activities that require legal interpretation or advocacy.

Example: If a client asks for trademark search results, IPED can conduct a search and provide a list of potentially similar marks. However, IPED cannot advise on whether the client should proceed with an application based on the search results—that decision requires legal judgment.

3. Collaboration with Licensed Attorneys

To ensure compliance with the laws governing the practice of law, IPED collaborates closely with licensed attorneys. Any documents that involve legal strategy, interpretation of laws, or arguments in response to an office action are drafted by IPED but must be reviewed and filed by a licensed attorney.

Example: When drafting a response to a confusion refusal, IPED can compile supporting case law and prepare a draft response outlining potential non-confusion arguments. However, a licensed attorney must review the response to ensure it aligns with legal standards before it is submitted to the USPTO.

Clients are encouraged to seek legal advice from a licensed attorney for matters that go beyond the informational and administrative support provided by IPED.

Example: If a client needs to understand the potential legal risks of a trademark opposition, IPED can help organize the facts and prepare documents, but only a licensed attorney should provide advice on how to proceed.

4. Why IPED's Services Do Not Constitute Legal Practice

37 CFR § 11.14 specifies that non-attorneys are not permitted to represent clients in trademark matters before the USPTO. IPED fully adheres to these regulations by focusing on preparation and administration rather than representation.

Example: IPED prepares draft arguments against a descriptiveness refusal based on examples from the TMEP and similar cases. The client's attorney reviews and submits the final version to the USPTO, ensuring that the argument aligns with the legal framework.

IPED's activities do not include correspondence with the USPTO on behalf of clients, filing legal arguments, or engaging in legal proceedings. Instead, we provide drafts and supporting documentation that clients or their attorneys can review and submit.

Example: A client may use a drafted argument from IPED as part of their response to the USPTO, but IPED does not interact directly with the examining attorney or participate in any legal negotiations.

5. Limitation of Liability

IPED shall not be liable for any decisions or actions taken based on the informational content provided as part of our services. Clients are responsible for ensuring that they obtain qualified legal counsel when addressing legal issues before the USPTO.

Example: If a client chooses to proceed with an argument or strategy provided by IPED without consulting an attorney, the client assumes all risks associated with that decision.

Our services are intended to complement the legal services provided by licensed attorneys and do not replace the need for professional legal representation.

Example: While IPED can help draft and organize a trademark application, clients should consult an attorney for advice on the overall strategy and potential challenges.

6. Contact Us for More Information

If you have any questions about the scope of IPED's services or how we work alongside licensed attorneys, please contact us for more information. We are here to help you navigate the administrative aspects of trademark management with precision and care.