Why Use a Trademark Professional to Register Trademarks
NARRATOR: Ed is a photographer. Show Ed taking photographs.
NARRATOR: Ed wants to register his trademark ED'S AWESOME HEADSHOTS.
NARRATOR: Ed is trying to figure out how to do it.
ED: Using a law firm is too expensive!
ED: Eureka! I will do it myself!
NARRATOR: 6 months later - Scenario 1
CIPO EXAMINER: Your application is refused because “software†needs to be more specifically defined.
ED: What the hell am I supposed to do? I have no idea how to answer and what to say.
ED: How much is it to fix my application?
RECEPTIONIST: It would be the same as filing a new one from scratch.
ED: I could have hired a lawyer from the beginning and saved all that time!
NARRATOR: 6 months later - Scenario 2.
ED: Oops, I used the wrong name in the application. This should be easy
ED: How can I change the applicant's name to the correct name?
CIPO EXAMINER: You can't, unfortunately, you will have to re-file your application.
ED: Hello, is this a law firm?
SOME OTHER LAWYER: Yes
ED: I want to refile my trademark application correctly. What's the process and the cost?
SOME OTHER LAWYER: Process and the cost are the same as filing one from scratch.
ED: I should have hired a lawyer from the beginning and saved all this time I wasted, and also the money I spent on the filing fee!
NARRATOR: 6 months later - Scenario 3
YET ANOTHER INTIMIDATING TRADEMARK FACTORY: We represent Ed Johnson, who has been using the trademark AWESOME ED'S HEADSHOTS for 5 years. This trademark is registered under Reg. No. 123456. You must stop using your mark ED'S AWESOME HEADSHOTS and abandon it immediately!
ED: Is this the Canadian Intellectual Property Office?
CIPO EXAMINER: Yes
ED: What should I do about this letter?
CIPO EXAMINER: We can't give you legal advice - call your lawyer or trademark agent.
ED: Is this a law firm?
SOME OTHER LAWYER: Yes
ED: What should I do about this letter?
SOME OTHER LAWYER: Not much you can do at this point. If you had hired a law firm, we would have conducted a search and uncovered that there is another mark similar to yours. You should have selected a different name.
ED: I lost time, I lost money and now I have to re-brand! I should have hired a lawyer!
NARRATOR: 6 months later—Scenario 4.
ED: I forgot to mention in my application that I also wanted to offer educational services in the future. I should call the trademarks office.
ED: I forgot to add something to my application.
CIPO EXAMINER: You can't do it now. But we can't give you any legal advice. You should call your lawyer.
ED: Back to square one. Calling the lawyer. In the trademark application I filed, I forgot to add some stuff I want to offer in the future.
SOME OTHER LAWYER: Oh, you should then file another application.
ED: I should have hired a lawyer from the beginning and saved all this time I wasted and the money I spent on the filing fee!
NARRATOR: Do it yourself—do it poorly! Increase your chances of obtaining a trademark registration—hire a trademark lawyer or a trademark agent. If you want a 100% money-back guarantee, use Trademark Factory, the only firm providing you with a Triple Peace of Mind guarantee!