FREQUENTLY ASKED QUESTIONS Trademark Factory Ultimate package

Here's what Trademark Factory's ULTIMATE package is all about:


So as you may know, we have 3 different packages that we offer for our do-it-for-you trademarking services. We have All-Inclusive, we have I Feel Lucky, and we have Ultimate. This video is about the Ultimate package. If you want to know about other packages we have separate videos for them.

So what is the Ultimate package? The Ultimate package is an All-Inclusive package plus something else. The All-Inclusive package, as some of you know, is a one-flat fee that covers everything from start to finish with a 100% money-back guarantee that your trademark will be approved by the Trademarks Office.

The Ultimate package is the same thing as All-Inclusive plus lifetime maintenance, which means that for as long as you're interested in keeping your brand, we will be helping you renew your trademark registrations, so every 10 years around the world and every 15 years in Canada, we will be filing the paperwork to make sure you don't miss the deadlines, to make sure that your renewal is done properly. You're also getting lifetime assignments, lifetime changes of name, changes of address, so if something changes in your business, if you sell the trademark, if you sell the business, if you rename the business—all of those things need to be recorded with the Trademarks Office. So for as long as you're interested in keeping that brand, we will be taking care of that for you.

Most importantly, the Ultimate package comes with the lifetime weekly confusion watch service. Every single week, for as long as you're interested in keeping your brand, we will be checking to see if someone is trying to file a trademark similar to yours. And if they are, we will notify you so you can quickly decide what you want to do. Do you want to send them a nasty letter, do you want to just keep monitoring and see whether the Trademarks Office stops them, or if the Trademarks Office does not stop them, maybe you want to oppose that mark, or maybe you want to do nothing. Really it depends on your evaluation as to whether somebody else is trying to use a similar enough trademark to sneak into a similar enough industry compared to what you are interested in.

And just an example of that. If I were to file a trademark that contained the word Microsoft in it, I would hear from Microsoft's lawyers a lot sooner than I would hear back from Trademarks Office, and it takes the Trademarks Office several months to look at your trademark application. So the way Microsoft's lawyers would find out about me filing for the trademark that contains the word Microsoft, would be because they are using a service similar to this one. Somebody is making sure that they are monitoring who files what trademarks and if there are any trademarks that are similar to certain keywords, or certain things that the brand owners are trying to protect they would be notified and then they will take action.

There is one last thing that makes Ultimate go even further compared to the All-Inclusive package. Because what it does, it covers you against unexpected oppositions. So after we file your trademark, we'll wait for the Trademarks Office to approve it. Once the trademark examiner approves your trademark, it will be published for opposition purposes. And the opposition period is when anybody may request that the Trademarks Office not register your trademark for whatever reasons they may have. Maybe they think they used this brand first or maybe they think there is some other reason why you should not be granted the monopoly over the brand. Whatever the reason, if it is something you didn't know about and that you should not have known about, then the Ultimate package will cover you for that as well.

In both Canada and the U.S., oppositions are very rare, they happen in less than 1% of the cases, so it is a kind of a catastrophe scenario. But when I say a catastrophe scenario, it's not just because it's very rare, but because it's very, very, very expensive. It can easily take 50 to a 100 hours for trademark agents or trademark attorneys to gather all the paperwork and gather all the evidence and argue that case before the opposition board. So the Ultimate package would cover you for that as well. But notice that I mentioned it has to be an unexpected opposition. So if you're knowingly ripping off your competitor and they have proof that you knew that they wouldn't be happy about you filing their trademark, then that would not be covered by the Ultimate package.

In one of our videos, I answer whether the Trademark Office will look at unregistered trademarks, and they won't. So what the Ultimate package is designed to cover is all those businesses that have been operating down-low; you really didn't know anything about them; they never filed for a trademark; they never reached out to you; you never reached out to them; you never had a relationship. They just exist somewhere where nobody's ever heard of them. And somehow they find out that you're filing for that trademark and they're not happy with it. So the Ultimate package would cover you against that.

So, Ultimate package, one flat-fee that covers everything from start to finish, including unexpected oppositions, and after your trademark gets registered: lifetime maintenance, lifetime changes of address, lifetime changes of name, lifetime renewals, lifetime assignments, lifetime confusion watch service.

It is an amazing package, especially if you're planning to be in business with that brand for a long-long time.


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.