Trademark Filing Kit — EMBERKILN
Status: Pre-filing. ITU application not yet submitted. Informal clearance only — see docs/product/EMBERKILN_NAME_CLEARANCE.md for the landscape; a formal attorney pull is the gate before filing. Not legal advice. Founder-level research; have an attorney sanity-check before clicking submit if budget allows ($200–300 flat-fee review typically).
⚠️ Rewritten in the Graphene Studio → EmberKiln rename (2026-06). The prior version of this kit filed the mark GRAPHENE STUDIO, with reasoning specific to the word "graphene" (a §2(e)(1) descriptiveness risk from GraphAudio's graphene-speaker association, which forced a composite mark). None of that applies to EmberKiln — a coined word. The old graphene kit + its landscape research live in git history. The goods/services and process below carry over unchanged; only the name + the name-specific reasoning changed.
TL;DR
| Mark to file | EMBERKILN (standard character wordmark) |
| Owner | Point Seven Studio LLC |
| Filing basis | Section 1(b) — Intent to Use |
| Classes | 41 (entertainment) + 9 (downloadable software) |
| Filing form | TEAS Standard (~$450/class × 2 = $900 total) |
| Where | https://trademarkcenter.uspto.gov |
| Why a bare wordmark works | "EmberKiln" is a coined / fanciful word — inherently distinctive, the strongest category of mark. No §2(e)(1) descriptiveness problem, so it files as a bare standard-character wordmark (no need for the composite the old "GRAPHENE STUDIO" mark required). |
The landscape
Informal only — a formal live-register pull is still the gate (see the name clearance brief). What the informal search found:
- No live "EmberKiln" mark in entertainment / software / media.
- Nearest hits are in unrelated classes and don't conflict: "Kiln Embers" (a Scotch whisky, Class 33), an "Ember's Kiln" software mod, and a low-profile band. Different word/order/field in each case.
- Because the word is coined, the descriptiveness analysis that complicated the old name (graphene being a known material associated with audio) simply doesn't arise.
Still required before filing: a formal USPTO + EUIPO clearance in classes 9/38/41/42, and an attorney opinion. Treat trademark as open until then.
Paste-ready application text
This section is meant to be copied verbatim into the USPTO Trademark Center form. Don't paraphrase — the punctuation and structure here match what USPTO expects.
Step 1: Mark Information
Mark literal element:
EMBERKILN
Mark type: Standard Character Mark Standard character claim: ☑ The mark consists of standard characters without claim to any particular font style, size, or color. Description of mark: (leave blank — only required for design marks) Translation: (leave blank)
Step 2: Owner Information
Owner type: Limited Liability Company (LLC)
Owner name: Point Seven Studio LLC
State of incorporation: [state where the LLC is formed]
Owner mailing address: [LLC's registered address]
Owner email: sandon@pointsevenstudio.com
Step 3: Filing Basis
Select Section 1(b) — Intent to Use.
☑ Applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.
Step 4: Class 41 — Entertainment Services
International Class: 041
Identification of services (paste this exact block):
Entertainment services, namely, providing online non-downloadable audiobooks, podcasts, audio drama, and serialized audio fiction; production, distribution, and publication of audiobooks, podcasts, and audio drama; providing a website featuring non-downloadable audio recordings in the field of fiction; providing online non-downloadable creative writing prompts; providing an interactive website featuring user-submitted listener letters that influence ongoing audio fiction storylines; entertainment information services in the field of audiobooks, podcasts, and serialized fiction
Filing basis for this class: Section 1(b) Intent to Use First use anywhere / in commerce: leave blank (ITU) Specimen: leave blank (ITU; submit at Statement of Use stage)
Step 5: Class 9 — Downloadable Goods
Click "Add Another Class" in the form.
International Class: 009
Identification of goods (paste this exact block):
Downloadable audiobooks, podcasts, and audio recordings in the field of fiction; downloadable mobile and computer application software for accessing, streaming, downloading, and listening to audiobooks, podcasts, and audio drama; downloadable software for creating and publishing audiobooks and podcasts; downloadable electronic publications, namely, e-books and serialized fiction in the field of literary fiction and audio drama
Filing basis for this class: Section 1(b) Intent to Use First use anywhere / in commerce: leave blank (ITU) Specimen: leave blank (ITU)
Step 6: Domicile Address
USPTO requires the LLC's actual principal place of business (not a P.O. box) in the domicile field. Same-as-mailing-address checkbox works if the LLC's registered address is the real business location.
Step 7: Correspondence Information
Email: sandon@pointsevenstudio.com
☑ Authorization to send correspondence by email
Step 8: Signature
Signatory's name: Sandon Jurowski
Position: Owner, Point Seven Studio LLC
Electronic signature (use the slash convention):
/Sandon Jurowski/
☑ Declaration checkbox
Step 9: Pay
Filing form: TEAS Standard Classes: 2 (Class 41 + Class 9) Fee: $900
Why TEAS Standard (not TEAS Plus)
- TEAS Plus is $350/class but requires using USPTO ID Manual language verbatim — too restrictive for the expanded goods/services identification above (especially the "user-submitted listener letters that influence ongoing audio fiction storylines" phrase, which is unique to what EmberKiln does).
- TEAS Standard is $450/class and allows free-form identification. The extra $200 (across both classes) buys description coverage that's worth filing once and being done with.
Post-filing timeline
| When | What happens | What you do |
|---|---|---|
| Day of filing | USPTO emails confirmation with serial number. Priority date locked. | Save serial number. File the email receipt. |
| ~3 weeks | Application appears in TSDR (https://tsdr.uspto.gov). | Bookmark the TSDR page for the serial number. |
| ~6–8 months | Examining attorney reviews. May get a non-final Office Action with refusals/amendments needed. | Respond within 3 months. Most common issue for a coined mark: ID-language clarification (descriptiveness is unlikely). |
| ~10–14 months | If cleared, mark publishes in Trademark Official Gazette. 30-day opposition window. | Watch TSDR. Most coined marks clear without opposition. |
| ~14–16 months | Notice of Allowance issues. 6 months to file Statement of Use (or request extension). | Launch the audio side by this point. Capture a clean specimen — screenshot of the product playing an audiobook for Class 41; screenshot of the app/download page for Class 9. |
| ~18–24 months | Registration certificate issues. ® legal. | Renew at 5–6 year mark (Section 8) and 10-year mark. |
Sanity check before clicking submit
- Formal clearance done / attorney opinion in hand (the gate)
- Owner is Point Seven Studio LLC, not personal name
- LLC is in good standing with its state of formation (verify on state business portal)
- Mark is exactly EMBERKILN (no period, no .studio, no logo)
- Filing basis is 1(b) ITU for both classes
- Both class IDs pasted verbatim from this doc
- Email + signature fields use your name + title
- Filing form: TEAS Standard
Optional follow-up filings
| Filing | When to consider | Approximate fee |
|---|---|---|
| Design+word mark for the logo lockup | After the wordmark is filed, once the visual identity is locked (the flame mark). Design marks survive descriptiveness refusals that hit pure word marks. | +$450 (TEAS Standard, 1 class) |
| Class 42 (SaaS — non-downloadable software for the creator side) | If the creator-tools side grows into its own product with subscribing creators. Today the Class 9 "downloadable software for creating and publishing" line covers most practical risk. | +$450/class |
| International (Madrid Protocol) | If/when international audience grows. Filed via WIPO using the US mark as the base. | $653+ base fee + per-country fees |
Sources
- USPTO Trademark Search — run the live
EMBERKILNpull (classes 9/38/41/42) - USPTO Trademark Status & Document Retrieval (TSDR)
- USPTO Trademark Center — self-serve filing
- USPTO ID Manual (for TEAS Plus eligibility check)
- EMBERKILN_NAME_CLEARANCE.md — the informal landscape + clearance plan