Why use the Trademark Factory® to register your trademarks in Canada and the United States?

When you decided to register your trademarks, you have four options: (1) you can do it yourself; (2) you can do it through a typical law firm; (3) you can use an online trademark filing company; or (4) you can use the Trademark Factory®.


1. Self-Filing Trademark Applications?

If you file for a trademark yourself, then you will only pay the government fees, but, as statistics show, chances are you will receive an office action from the Canadian Intellectual Property Office (CIPO) or United States Patent and Trademark Office (USPTO) telling you that your trademark application does not meet their standards. Many unrepresented applicants do not know how to respond to these office actions, and abandon their trademark applications.

We have seen cases where self-represented applicants drafted their applications so poorly that there was nothing we could do to fix them when they were refused by the trademark examiner. In Canada, after a trademark application has been filed, one cannot broaden the scope of goods and services that the application is supposed to cover. Therefore, if your statement of wares and services is deemed too descriptive because of the way you described your products and services, there may be very little you can do at this point. In order for the trademark to not be descriptive you would need to use a broader language for your goods and services, but you can't do this after you have already filed your application. Catch 22!

The net result is that unrepresented applicants will often have spent a lot of time, not have a trademark and lose the fees they paid to the government.


2. Using Other Law Firms or Trademark Agents?

If you hire a typical law firm to help you register your trademarks, you will receive a 2-page schedule of fees, where the lawyer will explain to you how complex trademark registration process is and that if this happens then they will be charging you this amount, and if that happens then they will be charging you that amount.

We are not saying that other law firms will fail at registering your trademarks. Indeed, most trademark lawyers from established law firms will do their best to get your trademarks registered. There are a few problems with this option, however.

First of all, you will never know your budget beforehand. Most law firms use flat rate fees for some elements of the trademark registration process, but charge you an hourly fee in the middle when the real work of a trademark lawyer happens. Often, law firms would only state their fee for filing a trademark application, typically around $700 to $1,000. What you may not realize is that you would be receiving more and more invoices every time the lawyer would sneeze at your file. And if an examiner at the trademark office finds something problematic about the application, it usually means several hours of billable time, which most clients grudgingly pay, because they are already invested in the process. This means that your cost to register a trademark through a typical law firm can be anywhere between $1,300 and $6,000.

The second problem is that if CIPO or USPTO refuse to register your trademark, you will have spent a lot of time, not have a trademark and lose both the fees you paid to the government and the fees you paid to the law firm.


3. Using the Trademark Factory®!

The Trademark Factory®’s All-Inclusive package takes care of both these problems:

We charge a single all-inclusive flat fee of CAD 1989 per trademark in Canada, which covers everything from the initial search of registered trademarks, drafting and filing the trademark application to unlimited follow-up correspondence with the Canadian Intellectual Property Office, responding to all office actions, filing the declaration of use and obtaining the registration certificate. Just add tax and the government fees (CAD450 per trademark in Canada and USD325 per class of goods and services in the U.S.) — and you’re done! You only receive one invoice upfront, with no hidden fees!

But wait, there’s more! If, in our opinion, your trademark has good chances of being registered, Trademark Factory International Inc. will offer a unique 100% money-back guarantee that will cover both our fees and the government fees.

We have developed a system of processes that allow us to offer the highest quality of services at a predictable cost. You still get the work done by a lawyer, not a filing clerk at some of the online trademarking services. Yet, you know what your budget will be for a successful registration. You also know that your budget will be zero if CIPO refuses to register your trademark.

The reason we call this service the Trademark Factory® is because we have a well-oiled machine to get your trademarks registered, guaranteed.

Having said that, you will never become another statistic for us. We treat all of our customers very personally, and guarantee that you will love our customer service and that you won’t be frustrated with not getting through to your lawyer when you need him.

We can register trademarks in Canada for Canadian businesses and businesses around the world. On top of that, we can help Canadian businesses register their trademarks in the United States.

We did our best to make choosing us as your service provider as easy as possible. If you decide that you will benefit from registering your trademarks in Canada or the United States, the Trademark Factory® is an obvious choice!

Check out the cartoon and the infographic that explains why we believe that we have the best offer on the market:


But don’t take our word for it. We dare you to find another law firm that offers some, let alone all, of these guarantees.

No, seriously. If you see the value of registering your trademarks but are not sure that we have the best offer on the market, feel free to shop around, but make sure you ask these questions:

  • Can you quote a fixed fee for the entire process from start to finish?
  • Will you charge me for the initial search of registered trademarks to confirm my trademark is registrable?
  • Will you charge me an hourly rate to respond to office actions?
  • Will you charge me extra every time you receive something from the trademarks office and notify me about it?
  • If the trademarks office refuses to register my trademark, will I get my money back?

Many of our customers became our customers because they have done just that. They called other law firms, listened to their evasive answers, and then gave us their business.


Still not convinced? See what our customers say about the Trademark Factory®: