About this website.
This website is the public-facing presence of Ortman Law Firm, PLLC, a Texas professional limited liability company. It is published as attorney advertising. Its purpose is to describe the firm's federal and Texas trademark practice, to identify the responsible attorney, and to make available routine information about the practice for prospective clients and other interested visitors.
The website is not a substitute for individualized legal counsel. It does not provide legal advice on any matter, does not establish an attorney–client relationship with any visitor, and should not be relied upon as a basis for any legal decision. Visitors with specific legal questions are encouraged to consult qualified counsel who can evaluate the particular facts of their matter.
Attorney advertising.
The materials on this website constitute attorney advertising under the Texas Disciplinary Rules of Professional Conduct. The website is a "user-accessed communication" within the meaning of Rule 7.05 of those Rules and is therefore exempt from the pre-publication filing requirements that apply to other forms of public-media advertising. The website nonetheless conforms to the substantive content rules of Rules 7.01 through 7.04.
Responsible attorney: Ronald A. Ortman.
Principal office: One Riverwalk Place, 700 N. Saint Mary's Street, Suite 1400, San Antonio, Texas 78205-3535.
Ronald A. Ortman is admitted to practice law in the State of Texas. He is registered to practice before the United States Patent and Trademark Office. The firm's authority to represent clients nationwide before the USPTO in federal trademark matters derives from federal preemption of state-licensure restrictions as to practice before federal agencies, established in Sperry v. Florida ex rel. Florida Bar, 373 U.S. 379 (1963), and codified by USPTO regulation at 37 C.F.R. § 11.14.
Scope of practice.
This firm, through this website, offers legal representation in two defined areas:
- Federal trademark and service mark practice before the USPTO. Including but not limited to clearance and search, federal trademark application preparation and prosecution, office action responses, Madrid Protocol applications and U.S. designations, proceedings before the Trademark Trial and Appeal Board, post-registration maintenance, and federal enforcement and licensing matters. This federal practice is available to clients nationwide.
- Texas state trademark practice. Including state registration with the Texas Secretary of State, Texas common-law trademark matters, and state-court trademark litigation in Texas district courts. Texas state-law representation is provided only in connection with the firm's licensed jurisdiction.
The firm does not undertake to provide legal services in jurisdictions where it is not authorized to practice. The firm does not hold itself out as authorized to practice law in any state other than Texas. Inquiries concerning matters outside the firm's scope of practice will, where possible, be redirected to appropriate counsel; the firm does not, however, make referral recommendations and does not maintain referral arrangements with counsel in other jurisdictions.
Notice to California residents.
Ronald A. Ortman is an inactive member of the State Bar of California. Inactive status under the California State Bar Act, Cal. Bus. & Prof. Code §§ 6125–6126, means that the attorney is not authorized to practice California law and may not hold himself out as authorized to practice law in California.
Consistent with this status:
- The firm does not practice California law and does not undertake representation in California-law matters.
- Communicating with the firm regarding any matter — including any matter arising under California law — does not constitute legal advice and does not create an attorney–client relationship under California law.
- California residents seeking legal advice regarding California-law matters should consult a lawyer who is currently authorized to practice law in California.
California residents may, however, retain the firm as counsel in federal trademark matters before the United States Patent and Trademark Office, where the firm's representational authority derives from federal preemption of state-licensure restrictions under Sperry v. Florida and 37 C.F.R. § 11.14, and not from state-bar licensure.
No legal advice.
The content of this website — including the descriptions of practice areas, the discussions of statutes and case law, the frequently-asked-questions answers, and any other content whatsoever — is provided for general informational purposes only. It does not constitute legal advice on any matter, and it should not be read or relied upon as such. Legal advice can be provided only after a qualified attorney has had the opportunity to evaluate the specific facts of a particular matter and has agreed to undertake representation.
Trademark law is heavily fact-dependent. General statements about how trademark law operates may not apply to any given visitor's situation, and the firm's published descriptions of typical timelines, typical outcomes, or typical considerations may differ materially from what any particular matter actually involves. Visitors who require legal advice are encouraged to consult an attorney who can review the particular facts and circumstances.
No attorney–client relationship.
No attorney–client relationship is created by any of the following:
- Visiting or browsing the website;
- Reading any content published on the website;
- Sending an email to any address listed on the website;
- Calling any telephone number listed on the website;
- Submitting information through any future contact form, if and when one is added;
- Any other unilateral communication directed to the firm.
An attorney–client relationship with this firm is formed only upon (1) the firm's express written agreement to undertake representation in a specific matter, and (2) the prospective client's express written agreement to engage the firm on the terms set forth in a formal engagement letter. Until both conditions are satisfied, no representation has been undertaken and no attorney–client relationship exists.
Confidentiality of communications.
Communications received by the firm from prospective clients before a formal engagement is in place are subject to the firm's professional confidentiality obligations under Rule 1.05 of the Texas Disciplinary Rules of Professional Conduct. The firm respects and protects the confidentiality of such communications consistent with that Rule. The Texas prospective-client doctrine, including Rule 1.18 considerations regarding duties to prospective clients, governs the firm's handling of information received before an engagement is undertaken.
Important limitation. The full attorney–client privilege does not attach to communications between a prospective client and a lawyer who has not yet agreed to undertake representation. While the firm exercises judgment and care in handling prospective-client information, visitors are advised not to transmit through email or other means any information that they would not be prepared to have disclosed in any forum, until a formal engagement letter is in place.
Conflicts of interest.
The firm may be unable to undertake representation in any particular matter due to conflicts of interest, including but not limited to conflicts arising from prior or current representation of adverse parties, joint representation considerations, business relationships, or personal relationships of the attorney.
Sending information to the firm does not, by itself, create an engagement and does not foreclose the firm's right to decline representation. The firm reserves the right to decline any representation for any reason, and visitors should not assume that their inquiry will result in an offered engagement. Where the firm determines that a conflict prevents representation, it will inform the prospective client and will treat any information received consistently with its professional obligations.
Prior results.
Prior results obtained by the firm do not guarantee a similar outcome in any future matter. This is the standard disclosure that appears on attorney advertising generally. In the trademark context, it carries unusual weight, and visitors should understand why.
Trademark outcomes depend on factors that vary substantially from one matter to another and that are often outside the attorney's or the applicant's control. Among the factors that may differ between a prior matter and any future matter are: the inherent strength of the mark (whether it is fanciful, arbitrary, suggestive, descriptive, or generic, and whether it has acquired distinctiveness); the particular goods or services for which registration is sought (and the international class or classes involved); the prior use, registration, or applications of similar marks by third parties; the volume and nature of citations issued by the examining attorney; whether the application proceeds to publication without opposition or whether an opposition or cancellation proceeding is filed; the strength and arguments of any opposing party; the specific examining attorney assigned; the practice of the Trademark Trial and Appeal Board panel in any contested proceeding; and the evolution of substantive trademark law during the pendency of any given matter.
A successful clearance in one matter does not predict clearance in another, even for marks that may appear similar at first glance. A successful office-action response or opposition victory in one matter does not predict a similar outcome in another matter involving different marks, different classes, different prior art, or different opposing parties. Past performance is descriptive of past matters; it is not predictive of future outcomes. Visitors considering whether to engage the firm should evaluate the firm based on the substance of its work in light of the specific facts of their own matter, not based on the outcomes of prior unrelated matters.
Third-party links.
The website includes hyperlinks to certain third-party resources — including, by way of example, the United States Patent and Trademark Office, the World Intellectual Property Organization, and the published privacy policies of the firm's hosting and font providers. The firm is not responsible for the content, accuracy, availability, or privacy practices of any third-party site. The inclusion of a link to any third-party site does not constitute an endorsement of that site, its operator, or its content. Visitors who follow third-party links do so at their own discretion and subject to the third party's own terms and policies.
Jurisdictional limitations.
The firm does not undertake to provide legal services in any jurisdiction where it is not authorized to practice. Visitors located in jurisdictions that restrict attorney advertising in ways inconsistent with this website's content, or that restrict the provision of legal services by attorneys not licensed in that jurisdiction, should understand that the website is not directed at them for the purpose of soliciting matters governed by the law of such jurisdictions.
Nothing on this website should be construed as an offer to represent any visitor in any matter, or as a solicitation of any matter, in any jurisdiction where such offer or solicitation would be improper or where the firm is not authorized to practice.
Changes to this disclaimer.
The firm may revise this Disclaimer from time to time to reflect changes in its practices, in applicable law, or in the operational details of this website. The "Last updated" date at the top of this page indicates when this Disclaimer was most recently revised. The firm will communicate material changes through a prominent notice on the website. Visitors are encouraged to review this page periodically.
How to contact the firm.
Questions concerning this Disclaimer, or concerning any aspect of the firm's representational scope or professional obligations, may be directed to:
Ronald A. Ortman, Responsible Attorney
ORTMAN LAW FIRM, PLLC
One Riverwalk Place
700 N. Saint Mary's Street, Suite 1400
San Antonio, Texas 78205-3535
Telephone: (210) 361-2425
Email: hello@tradeandservicemarks.com