Vision & Mission: Precision Prevails
MIND MARKER confronts § 2(d) refusals with rigor. We transform confusion refusals into approvals through analytical rigor. Our core purpose is to eliminate uncertainty and resolve USPTO §2(d) trademark refusals using precision, data-driven legal strategy, and evidence-based persuasion.
The Vision is a marketplace where brand owners meet § 2(d) refusals with confidence; where data and precedent—not conjecture—guide outcomes.
Our Mission is to convert likelihood-of-confusion refusals into disciplined, evidence-backed arguments; to deliver expert review & filing; and to share risk through success-based options.
Our Role: Specialized Administrative Support
MIND MARKER is not a law firm and does not provide legal advice or legal representation. Client acknowledges this disclaimer applies to all tiers, even those with consultations.
Our role is strictly administrative and procedural, acting as a scrivener to prepare documents and provide procedural information based on Client direction and publicly available data. We are dedicated to facilitating the successful registration of trademark applications by empowering applicants.
Our commitment is broad: clarity, accountability, and success aligned with your brand.
The LOCA™ Advantage: Data Over Guesswork
The core of our service is the comprehensive Likelihood of Confusion Analysis (LOCA). This detailed examination methodology goes beyond conventional searches.
Our LOCA™ analysis surveys thousands of TTAB decisions. Our AI-powered system, combined with expert legal analysis, asks approximately 150 targeted questions that scrutinize every aspect of your case. We have analyzed over 600 Trademark Trial and Appeal Board (TTAB) cases where confusion refusals were successfully reversed.
This meticulous process provides you with a highly accurate probability of success—often 80-90%—before we even draft a response.
Your Journey: Three Steps to Clarity
Clarity reduces risk; cadence builds momentum—three steps; one goal. Our commitment is to deliver your essential documents within 30 business days after we receive your complete information.
1. Free Strategy Call
We map the refusal; we define objectives; we set expectations—no surprises.
2. LOCA™ Report
We apply 150 precedent-anchored factors; we score similarity; we surface winning angles.
3. Response & Filing
We draft the argument; incorporate evidence; complete expert review & filing—R4R included if needed.
Shared Risk. Aligned Incentives.
We offer a third path: evidence-based rigor with transparent pricing; risk-sharing through SuccessPay tiers. Our financial success is directly aligned with yours.
Flagship SuccessPay Model
Upfront Cost: $399 Start + $399 Draft
Success Fee: $799 (Paid ONLY upon Publication Approval)
The Promise: Full case management, unlimited revisions, and Plan B strategic support.
Our Guarantee: Confidence and Compliance
- Non-Guarantee of Outcome: Client explicitly acknowledges that MIND MARKER does not and cannot guarantee the successful registration of any trademark. All USPTO decisions constitute "Outcome Uncertainty" and are not a basis for a claim of Service Failure.
- Confidentiality & NDA: All communications and work product are strictly confidential. An integrated Non-Disclosure and Confidentiality Agreement binds both parties.
- Governing Law & Venue: This Agreement is governed by the laws of the State of Wyoming. Unresolved disputes shall be submitted to binding arbitration in the State of Wyoming, Laramie County.