legal

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 fileEMBERKILN (standard character wordmark)
OwnerPoint Seven Studio LLC
Filing basisSection 1(b) — Intent to Use
Classes41 (entertainment) + 9 (downloadable software)
Filing formTEAS Standard (~$450/class × 2 = $900 total)
Wherehttps://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

WhenWhat happensWhat you do
Day of filingUSPTO emails confirmation with serial number. Priority date locked.Save serial number. File the email receipt.
~3 weeksApplication appears in TSDR (https://tsdr.uspto.gov).Bookmark the TSDR page for the serial number.
~6–8 monthsExamining 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 monthsIf cleared, mark publishes in Trademark Official Gazette. 30-day opposition window.Watch TSDR. Most coined marks clear without opposition.
~14–16 monthsNotice 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 monthsRegistration 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

FilingWhen to considerApproximate fee
Design+word mark for the logo lockupAfter 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

TRADEMARK FILING KIT — Docs | HiveJournal