Finding the right website to register your valuable brand assets is a daunting task. Trademark registration is simply a very confusing subject and unfortunately many of the websites that offer this service make it even more confusing for you. As just one example, many offer multiple packages to choose from. The average business owner with trademarks to register will have no idea how to decide which package is best. The fact of the matter is that there are no choices to be made when seeking to register your trademark. There is a process and that is the process that anyone offering this service must go through. So if you see “cheap” package deals, avoid them like the plague. This will put your trademarks at risk if you don’t do what it takes to maximize the chances of you getting your trademark registered or worse, not being sued for trademark infringement! The mere fact that someone offers you this option should let you know that he has no knowledge on the subject.
Which leads to the next big thing to watch out for. When you compare online trademark registration services, there are two main categories of websites that you should be aware of. The first are document filing websites or self-help websites. Some of these can be found on a website called comparelegalforms (online-trademark-search-registration.html), a website that does not do the consumer of trademark registration services justice. This is because it does not include any trademark attorney websites, the second category of online trademark registration services. The ONLY way to register a trademark is through a trademark attorney. Simply put, any other service CANNOT PROPERLY REGISTER YOUR TRADEMARK for you. This is because only a lawyer can provide legal advice. It is simply not possible to have any degree of confidence that your trademark application will be successful without the advice of an attorney to assess a trademark search, draft an appropriate specification of goods and services, advise on what basis of filing is appropriate, and respond to substantive issues raised by the USPTO (this is just a short list). I’m not even addressing the serious concerns about the unauthorized practice of law that surround document filing services.
So now that you know to limit your search to those provided by trademark attorneys, what do you need to look for on these websites? First, how do you find them? Well, maybe the best search term to use is “flat fee trademarks” or “flat fee trademark attorney.” This is because all the major trademark registration attorney websites offer flat rates and will advertise this on their websites. There is no other way to go when paying for this service. There is simply too much risk in paying an hourly rate to a lawyer in this area and lawyers know it. No wonder they all offer flat rates. This is what the consumer wants. The flat rate is very uniform across the major lawyer sites, so your comparison will necessarily be based on factors unrelated to price, and these are significant!
The following is a list of the factors that differentiate virtual trademark attorney offerings. This information is very difficult to obtain from the sites themselves, so at the end of this article I provide a link to a very helpful chart that compares many of the top sites on most of these considerations. The chart contains objectively obtained and verified information from websites and is current as of the writing of this article.
• Does the attorney include “responding to substantive administrative actions” in the fixed fee?
If the attorney only includes responses to “non-substantial” office actions or limits the time they will spend processing your request (there are various tasks involved along the way, such as presenting certain types of evidence, submitting certain required forms, and taking other necessary steps) to keep the app alive and well), then you won’t really get a fixed fee, will you? So make sure these tasks are included in your flat rate.
• Do you get your money back if your trademark search reveals problems and you can’t apply for your trademark?
This shocks a lot of people. You mean I could pay for NOTHING? In fact, you could. There is no guarantee that a trademark search will not reveal previous similar trademarks that will prevent yours from being registered. In that case, determine what happens. Some attorneys will just take your money, some will charge you just for the search, some will give you a discount on a new search, and at least one will give you another full search for free. Also, make sure the attorney first performs simple “knockout” searches before doing the full trademark search. This is because these are easy and less expensive (for the attorney) and may save you from having to use your fee on the entire search. Find a lawyer who will perform an unlimited number of knockout searches for you. This is rare.
• Does the attorney give you UNLIMITED consultation time?
Bottom line, if not, then avoid it. As a trademark attorney, I know that the process is VERY detailed and often confusing, requiring a lot of back-and-forth between attorney and client to ensure the application is filed correctly. That is why you are looking for a flat rate. I often spend several hours on “pre-work” before the application is submitted and part of this involves contacting the client and asking certain questions. This is absolutely not something that can be avoided in some cases.
• How many kinds of goods and services are included in the flat rate?
Most attorneys only include one. Some include more than one. The more the better. Often your products or services will cover several classes and you shouldn’t have to pay more (although it does require more work on the part of the lawyer). This is simply a fact that the lawyer must take into account in the flat fee he charges everyone if he decides to charge more, otherwise, again, you will not get a flat fee, right?
Now that you’re a fully informed consumer of trademark services, you can put your money to work much better than ever before.
