ANY QUESTIONS? 855.678.6275
ANY QUESTIONS? 855.678.6275
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Low-Cost
Online Services |
Traditional Law Firms
& Attorneys |
Trademark
Factory ® |
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| Does the Upfront Fee Cover the Entire Trademarking Process? |
No. $50–$500 gets your trademark filed. After that, you may need to find an attorney and pay separately to deal with roadblocks.
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No. The filing fee is only the beginning. Office Actions and other problems mean more attorney fees, usually billed by the hour.
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Yes. For brands we assessed as registrable, you can upgrade your package so that one flat fee covers the whole process from filing to registration, including unlimited responses to any and all Office Actions.
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With Low-Cost Online Services, $50–$500 generally gets your trademark filed. If problems come up later, you may need to find an attorney and pay separately for the additional work. With Traditional Law Firms & Attorneys, the filing fee is usually only the beginning. Office Actions and other prosecution work are typically billed separately, usually by the hour. With Trademark Factory®, brands we assess as registrable can qualify for an upgrade where one flat fee covers the process from filing to registration, including unlimited responses to any and all Office Actions. |
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| Will you know how strong your brand really is BEFORE you spend money filing it? |
No. Their automated searches only spot identical matches. The “comprehensive” searches they sell as an add-on come without a registrability opinion. This creates a false sense of security that your brand is trademarkable when it actually isn’t.
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Only if you pay for it. They usually sell a comprehensive search with a registrability opinion for an extra $300–$700, and typically position it as a nice-to-have rather than a must-have.
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Yes. We will not file a trademark unless we have assessed its viability ourselves—even if you come to us with a search or opinion from somewhere else. Every trademark gets an easy-to-understand, actionable registrability assessment—not just a list of things we found.
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Low-Cost Online Services often rely on automated searches that spot identical matches. Even the “comprehensive” searches they sell as an add-on may come without a registrability opinion, creating a false sense of security that a brand is trademarkable when it may not be. Traditional Law Firms & Attorneys usually offer a comprehensive search with a registrability opinion for an extra $300–$700, but often position it as a nice-to-have rather than a must-have. Trademark Factory® will not file a trademark unless we have assessed its viability ourselves—even if you already have a search or opinion from someone else. Every trademark gets an easy-to-understand, actionable registrability assessment, not just a list of search results. |
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| Will a Licensed Attorney Review Your Application and Be Formally Responsible for the Legal Work? |
No. Some services file the application as though you filed it yourself, with no attorney of record. Worse, some have been caught using bogus or improperly appointed attorneys, creating serious problems that can surface later.
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Yes. That’s what a traditional law firm is for.
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Yes. Every U.S. application we handle has a properly appointed, licensed U.S. trademark attorney of record responsible for the legal work. In Canada, we use registered Canadian trademark agents.
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With Low-Cost Online Services, the application may be filed as though you filed it yourself, with no attorney of record. Some providers have also been caught using bogus or improperly appointed attorneys, which can create serious problems later. With Traditional Law Firms & Attorneys, a licensed attorney is responsible for the legal work. That is one of the main reasons to hire a law firm. With Trademark Factory®, every U.S. application we handle has a properly appointed, licensed U.S. trademark attorney of record responsible for the legal work. In Canada, we use registered Canadian trademark agents. |
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| Roughly 80% of trademark applications receive an Office Action. What happens then? |
They generally cannot communicate with the USPTO on your behalf or give you legal advice. You may have to respond yourself or hire an outside attorney. Fail to deal with the objection properly, and your application can die.
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They will respond—but now the meter is running. Complex Office Actions can require many hours of legal work at $250–$800 per hour.
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With Office Action Insurance™, unlimited responses to any and all Office Actions are covered—including difficult refusals involving descriptiveness or likelihood of confusion.
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Low-Cost Online Services generally cannot communicate with the USPTO on your behalf or give you legal advice. You may have to deal with the Office Action yourself or hire an outside attorney. If the objection is not handled properly, your application can die. Traditional Law Firms & Attorneys will respond, but the additional work is typically billed separately. Complex Office Actions can require many hours of legal work at $250–$800 per hour. With Trademark Factory®’s Office Action Insurance™, unlimited responses to any and all Office Actions are covered, including difficult refusals involving descriptiveness or likelihood of confusion. |
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| What happens if the USPTO ultimately refuses to approve your application? |
You keep the loss. No refund for the filing fees, service fees, or the time you spent pursuing the application.
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You keep the loss—and still owe the legal fees. The lawyer gets paid whether your application succeeds or fails.
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With our Approval Guarantee™, you get 100% of the money you paid us back if we assessed the brand as viable but ultimately cannot get the application approved. Government fees are not refundable.
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With Low-Cost Online Services, if the USPTO ultimately refuses to approve your application, you keep the loss. The filing fees, service fees, and time you invested are not refunded. With Traditional Law Firms & Attorneys, you keep the loss and still owe the legal fees. The attorney is paid for the work whether the application succeeds or fails. With Trademark Factory®’s Approval Guarantee™, if we assessed your brand as viable but ultimately cannot get the application approved, you get 100% of the money you paid us back. Government fees are not refundable. |
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| What about the registration certificate? |
All you generally get is a PDF of your registration certificate.
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All you generally get is a PDF of your registration certificate.
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When your trademark registers, we send you your registration certificate in a beautiful custom frame.
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With Low-Cost Online Services and Traditional Law Firms & Attorneys, you generally receive the USPTO’s electronic registration certificate. With Trademark Factory®, when your trademark registers, we send you your registration certificate in a beautiful custom frame. |
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| Can you get your brand trademarked with a guaranteed result for a guaranteed budget? |
No. The filing price may be cheap, but there is no certainty about what happens or what it will ultimately cost if problems arise.
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No. Your lawyer can handle problems, but you pay for the additional work—and there is normally no refund if the application ultimately fails.
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Yes, if your brand qualifies. You can choose a fixed budget with unlimited Office Action responses and a 100% money-back Approval Guarantee™ if we ultimately cannot get your application approved.
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With Low-Cost Online Services, the filing price may be cheap, but there is no certainty about what happens or what the process will ultimately cost if problems arise. With Traditional Law Firms & Attorneys, the lawyer can handle problems, but you pay for the additional work and there is normally no refund if the application ultimately fails. With Trademark Factory®, if your brand qualifies, you can choose a fixed budget with unlimited Office Action responses and a 100% money-back Approval Guarantee™ if we ultimately cannot get your application approved. |
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Kevin O'Leary Shark Tank
The brand is often the most valuable asset of the business, so as a responsible investor, I want to make sure the company I'm planning to invest in has trademarked its brand If you value your brand, your time, and your money, check out Trademark Factory®. They're the real deal!
Sandra Yancey EWOMEN NETWORK
You work really hard bringing to the world your business, your marketing, and your brand. I can’t emphasize enough how important it is for us as CEOs to protect all the work that we do. I’ve personally worked with Trademark Factory® and they’ve done an excellent job in protecting some of our intellectual capital.
Dee Snider TWISTED SISTER
We trademarked Twisted Sister five years before we released our first record. It was THAT important. I only wish Trademark Factory®️ was around back then. The best part about what they do is if your trademark doesn’t go through, you get all your money back! Nobody else does this.
Michael Gerber E-MYTH
No business can be successful long-term unless it has trademarked its brand. Trademarking is not a luxury, it’s a necessity! If you want your trademarks done right, check out Trademark Factory®️. With their flat fee that covers everything from start to finish and their 100% money-back guarantee, their offer is a no-brainer! And THAT’S no myth!
Dan Lok CEO of CLOSERS.COM
I’ve worked with many law firms and lawyers… Working with Andrei and Trademark Factory®—because of their set fee and a money-back guarantee—gave me so much more confidence and made me so much more comfortable doing business with them. I recommend all entrepreneurs to trademark their brands through Trademark Factory®.
Jared Falk DRUMEO
Biggest thing for us when it comes to trademarks, we don’t understand how to do it. I’m a drummer, I don’t have any expertise in trademarking. You’ve got it figured out. Not a lot was required on my part. You made it really simple, cost-effective and awesome for us.
Isabelle Mercier BUILD TO ROCK
Online brands are easy to steal. I have big plans for BUILD TO ROCK®, so we decided to protect it. Usually, when you work with lawyers, you never know what the bill is going to be in the end. You do with Trademark Factory®. If you’re looking to trademark your brand, I don’t see why you would go anywhere else than Trademark Factory®.
Michael Starr STEEL PANTHER
If I ever want to pay somebody by the hour, it wouldn't be lawyers and trademarking companies, if you know what I mean... With Trademark Factory®️, you pay once—and you either get your trademark or you get your money back. No other firm that I know of offers anything like that.
Shawne Merriman LIGHTS OUT
The only reason I was able to stand up to the multi-billion-dollar bullies is because I trademarked my brand—and because I did it correctly. Trademarking services with a guaranteed result for a guaranteed budget that Trademark Factory® offers is literally lights out for all the other options out there!
Lisa Sasevich SPEAK TO SELL
Our trademark has given us a lot of power. It’s because when you name the game—and I’ll add, when you trademark the game,—you OWN the game. The best part about Trademark Factory®’s irresistible offer is, if you can’t get the result you’re looking for, they don’t want to keep your money. I think it’s a great way to start a relationship.
If you're an entrepreneur trying to grow your business, and if you haven't trademarked your brand, there's one thing you need to know...
Without a filed trademark application, you are wasting your time, money, and energy building a brand that:
① you can never own; or that
② someone can take away from you at any time.
If someone had already trademarked a brand similar to the one you have in mind, you are essentially building someone else’s brand.
It’s just a matter of time before they notice you and force you to rebrand and pay them every dime you made under what turns out to be THEIR brand—or even more.
Or, you may be lucky and your brand is still trademarkable today. But it doesn’t mean it will be available tomorrow.
Thousands of trademark applications are filed every day—and any one of these trademark applications could easily crush your hopes for your brand’s future.
What’s worse is that, literally, every single day you pass up on protecting your brand, you expose yourself and your business to more and more of these risks.
Here are 5 reasons trademarking your brand should be your #1 priority as a business owner.
Trademarking takes a long time.
On average, it will take over a year for your trademark to go through all stages from filing to registration. It means that if you think you might need a trademark in 6 months, you're already half a year too late.
There are no other legal ways to protect your brand.
Incorporating your company, registering an LLC, registering a domain name and a bunch of social media profiles, copyrighting your logo, putting a TM sign next to your name—NONE of this will protect your brand. If it was possible to securely protect your brand without trademarks, companies and entrepreneurs like you wouldn't be filing millions of trademarks every single year.
If someone files a trademark application to protect a brand SIMILAR to yours even ONE DAY before you do, you may be forced to rebrand.
Their brand doesn't even need to be the same as yours. They don't even need to have it registered. All they need to do is FILE their trademark one day before you. With trademarks, it's all about timing. Whoever does it first, wins.
Your brand must be trademarked if you are considering selling, licensing, franchising, or expanding your business.
If not, then at best, someone is going to grab your company for pennies on the dollar, because your valuation is going to take a massive hit. In many cases, you will not be able to find investors, franchisees, licensees, or buyers for your business at all. And again, remember, the trademarking process takes a year on average...
If you have a registered trademark, you can quickly and effectively deal with infringement of your brand on online platforms like Amazon, YouTube, Facebook, etc.
All you need to do is provide them with the number of your trademark registration certificate, give them a link that shows infringing use, and they'll take care of everything on your behalf. BUT this only works for trademarks that are already registered. So if you care about your online reputation (and in today's world EVERYONE should), getting your brand trademarked is no longer optional. It's no longer something you can afford to think about. It's a must-have.
Unlike everyone else in this industry, we offer result-based services that take care of your ENTIRE trademarking process… From start to finish.
We don’t just file your trademark application and leave you on your own like the "file-and-pray" services do.
We don't file your trademark and then charge you by the hour to deal with office actions, objections, and refusals like the "file-and-pay" attorneys and law firms do.
We are the ONLY firm in the world that offers trademarking services with a guaranteed result for a guaranteed budget so you don't waste your time and money on trademarks that don't go through.
Obviously, this doesn't apply to every brand. Nor is it supposed to. If we think your brand is strong enough to move forward with, we will offer you a simple way to cap your post-filing costs with Office Action Insurance™ and get a full 100% money-back Approval Guarantee™ if your trademark gets ultimately refused. If not, you get to decide if you want to take the risk or switch to a stronger brand.
Know what you're getting into BEFORE you file.
The cheapest trademark application in the world is still a waste of money if the brand was never worth filing in the first place.
That's why we start with a comprehensive trademark search.
We don't just look for identical names. We look for confusingly similar trademarks, problems with descriptiveness, issues with your goods and services, and other things that could prevent your trademark from getting approved.
Then we tell you what we think.
If we believe your brand has a strong chance of registration, you can move forward with it.
If we don't, you can change course BEFORE you invest more money, more time, more marketing, and more emotion into a brand that may never become yours.
And if you choose our Registration Package, we'll conduct additional searches if necessary until you come up with a brand we actually believe is worth filing.
The point isn't to file as many applications as possible.
The point is to help you file the right one.
You decide who carries the risk after filing.
Even a strong trademark can run into trouble.
An examiner may object that your trademark is descriptive.
They may believe it's confusingly similar to another trademark.
They may raise technical issues with your goods and services.
Sometimes they're right. Sometimes they're wrong. Either way, somebody has to deal with it.
With most attorneys, that's when the meter starts running.
You paid to file the application. Now you pay again to respond. If another issue comes up, you pay again. And if the application ultimately fails, all of those fees are still your problem.
We give you a choice.
If your brand qualifies, you can add Office Action Insurance™ so that however many covered responses to the Trademark Office it takes, we handle them without charging you again for each response.
And you can add our Approval Guarantee™, so if we still can't get your trademark approved, you get 100% of your money back.
In other words, you can cap your downside.
Or, if you'd rather keep the risk yourself, you don't have to take the upgrade. You can move forward and pay for additional work only if it becomes necessary.
Your brand. Your risk. Your choice.
We actually give a damn
Protecting you from getting ripped off means more to us than you will ever know.
Trademark Factory® was founded by Andrei Mincov, who started his career as an intellectual property lawyer when his father, famous Russian composer Mark Minkov, caught a radio station that stole his song—and turned it into a commercial for Samsung without his permission.
After two years of legal battles, after taking his case all the way up to the second-highest court in the nation, he got his father the vindication he was looking for.
And he got hooked on IP.
During his 25-year career, he's helped thousands of clients protect their IP.
The list covers everyone from little-known authors, entrepreneurs, and startups to celebrities like J.K. Rowling and multi-billion-dollar companies like Apple, Google, and Microsoft.
He started Trademark Factory® out of frustration that there wasn't anyone out there who would combine the convenience of cheap trademarking websites with the highest level of services you'd expect from experienced attorneys—just without their ridiculous hourly fees.
Someone who would tell you BEFORE filing whether they thought your brand was actually worth pursuing.
Someone who would let you see what the whole process could cost instead of discovering the price one office action at a time.
And someone willing to put their own money behind their advice.
That's why we don't automatically offer our guarantees on every trademark that comes through the door.
If we're going to take on the cost of dealing with whatever the Trademarks Office throws at your application—and give you your money back if we ultimately fail—we'd better believe in the brand we're filing.
That changes our incentives.
The harder your application becomes, the more work it costs us.
And if a guaranteed application ultimately fails, we don't get rewarded for generating more legal work. We lose.
That's exactly how we think trademarking should work.
We have a 99.3% rate of success, unheard of in the trademarking industry.
Seriously, if your brand is worth trademarking at all, it's worth getting it done right.
Over the years, we've helped thousands of growth-minded entrepreneurs build amazing brands.
And we would love to help you.
Simply click the button below to book a call with one of our strategy advisors.
The call is free, so what have you got to lose—other than your valuable brand?
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