FREQUENTLY ASKED QUESTIONS 3 Nasty Trademark Rip Offs And How To Avoid Them

In this video, I will share with you the three most common ways you can get ripped off when purchasing trademarking services and how to avoid that.

Be safe from getting ripped off by watching the video below:



The first way you get burnt, you get ripped-off is when the company that files your trademark doesn't do a proper comprehensive trademark search before they file your trademark. I'll tell you why don’t do it in a moment but the point is if it's more important for them to get you in the door, file your trademark, they’re really interested in turning you away if your brand is not registrable. So, what they do is say “oh great! you found us perfect, you want to file this trademark great, pace a little bit, we're going to file your trademark and then we'll see if it sticks”. That’s the strategy of a lot of trademarking companies and law firms out there. Again, to them, they just want to file your trademark and see what happens with it later. And that's a big problem for brand owners because as a brand owner you're not interested in filing your trademark, you are interested in getting your trademark registered. For your application to go through the whole process and result in success, result in you holding that trademark registration certificate. And the chances of that, if you don't really know if your brand is trademarkable are slim to none. And you don't know that until somebody who understands what they're doing is going to conduct a comprehensive trademark search to see what's out there. Not just the identical trademarks but also similar marks, marks in different languages, all that stuff that needs to happen to make sure your brand is trademarkable. So, when you purchase trademarking services, make sure to ask if they conduct a comprehensive trademark search and what happens if the search shows that the branding came up with is not registrable, are you going to be paying for that, if yes, how much? Do you get anything back? So, ask those questions because if you don't, chances are you're going to be ripped off in this department.

The second way you can get ripped off and this is where most brand owners get burnt is the fee structure. Most companies out there and the vast majority of companies out there would quote you a flat fee for filing your trademark, but beyond that, you pay by the hour. Or you're paying a certain fee from a long schedule of fees, sometimes the schedule of fees takes two or three pages with little things that you'll be paying for as the process unfolds. And by the way, the trademarking process takes about 14 to 18 months on average. So there's a lot of steps there and the filing is just one of them probably the easiest of them all. So, make sure that you understand exactly how much you're going to be paying. Ask them, are you going to be charging me separately to respond to office actions if you get them? if yes, how much? how are you going to pay? Is it going to be by the hour? is it going to be by the response? what if it's a complex office action that requires 10, 20, 30 hours to respond to? there's a lot of them out there. Ask if that's included in the original price? Ask them what happens after the government allows your trademark. Is the post allowance work included in that fee? Is filing your statement of use or declaration of use included in that? Are requesting extensions of time included in that fee? Ask all of those questions because chances are, you don't really know how the process works. So ask them, what else during the process, would you charge me for that's not included in the initial amount that you're quoting? Because if you don't, chances are you going to be very very disappointed with new and new invoices that you’re going have to pay. And again, I’m not saying the trademark process should be cheap. What I am saying is that it should be predictable. It’s all about perception. The rip-off is all about perception. You thought you’d be getting your trademark registered for $69 because that's what you saw in an ad on Google. But then they file your trademark and then it comes back in then you have to do more and more and more and more and more and more... and that $69 becomes 6900 dollars and that's when you feel you’ve been ripped off. So, to avoid that, make sure you ask whoever it is that you're using to file your trademark. Ask them what's included and what's not included and how they're going to charge you for what's not included. And always assume that the things that are not included are going to happen to you. Don't expect that your trademark application is going to be a walk in the park because more often than not, it’s not.

The third way you can get ripped-off is when you go through the whole process. It takes you months and months and months and months to wait and then to fight with the trademarks office through the back and forth, and as you do that along the way, you’d pay all those invoices. Let’s say, at the end of the day, the trademarks office can make one of two decisions. It can either grant you your trademark registration which case you celebrate that’s exactly what you paid for. Or they can issue a final refusal when they say “we're not going to register your trademark” and this is when a lot of brand owners expect that the law firm is going to say “we're sorry, we couldn't do this for you, so here's what you paid us, here's your money back—the money-back guarantee”. It’s a service like no other. And with trademarks really it’s a service with a binary result. You either get the registration or you don't. So, some of you may expect there to be some sort of money-back guarantee if there is not a result that you’re looking for. So, here's how you avoid this rip-off. You ask. You ask, do you offer a money-back guarantee if the trademark you file for me and you go through with me all the way, what if the trademarks office issues a final refusal? Remember these words, what if the trademark office issues a final refusal for this trademark application? will I get my money back? Ask that question. And if they say no, and chances are, they are going to say no, and you go with them, then it's not a rip-off. Because this is exactly what you are agreeing to. That's the rules of the game that you agree with. And like I said, a ripoff is only about you getting something that's not what you expect.

So let me summarize. There are three main rip-offs and you will see that they are all connected. One is filing registrable trademarks without doing a proper search. The second one is charging you more and more and more and more as the process unfolds when they're only quoting you a flat fee for the filing. And the third one is not offering a money-back guarantee if the trademark doesn't go through. As I said, you will see that all these three rip-offs are very closely connected. Because if I can file more trademarks without even checking if they’re registrable, if I can charge you more and more and more as I fight with the trademarks office to try to get your unregisterable trademark registered while you’re paying me for and by the hour, and if I fail at the end of the day I'm just saying “whoops” but there is no money-back guarantee. This is why so many brand owners feel ripped-off. This is why so many brand owners felt burnt.

And really that's the reason why I create a Trademark Factory because I know that's not what you deserve, that's not what you want and that's not how trademarking should be done. This is why Trademark Factory offers a free comprehensive trademark search with all of our packages. We have one flat fee that covers everything from start to finish, with all office actions covered, no matter how many, no matter how long it takes us to respond to them, all post allowance, all that stuff. One flat fee which you know upfront. And we do offer a money-back guarantee in case the trademark that we told you was registrable doesn't go through. So again, you're welcome to shop around, look for others who offer something like that but don't tell me I didn't warn you. These 3 riff-offs are something you're very likely are going to face if you don't get your trademark registered through Trademark Factory.

Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.