If It’s Worth Promoting,
It’s Worth Protecting!™
We are the only law firm in the world that offers a 100% money-back guarantee on trademark applications that are not approved by the Trademarks Office. In fact, we offer four types of guarantees depending on registrability of your trademarks. Watch this cartoon and find out what they are.
NARRATOR: Joe is an investor in a software startup that is about to release the first public beta of its small business accounting app. Joe wants to trademark the name of the app before the launch.
JOE: Are you sure?
JOE: Are you really really sure it unregistrable?
JOE: And there is no way around it?
JOE: Darn! Dang! Darn! Dang! AWwwwwwwwwww Darn it!!!
TRADEMARK FACTORY: Joe, I understand your frustration. But really that’s precisely the point of trademarking. The other company came up with that name before you did, so you really can’t do anything about it. But there’s something I can suggest…
JOE: What is it?
TRADEMARK FACTORY: Why don’t you and your team do some brainstorming and send me a list of, let’s say, 5 to 10 different names that you come up with. We’ll do the trademark searches for all of them, for free, and let you know which of these name have better chances at trademarking. As you know, we will base our money-back guarantee on registrability of the mark.
NARRATOR: Joe summons an emergency meeting of the team.
JOE: How about this?
Programmer 1: How about that?
Girl: How about this?
Programmer 2: How about that?
NARRATOR: Finally, the list is ready. Joe sends it to the trademark professionals at the Trademark Factory.
TRADEMARK FACTORY: Hi Joe, I received your request. We’ll do the search and get back to you. Please be in front of your computer when I call you on Wednesday at 2pm.
JOE: Joe here.
TRADEMARK FACTORY: Hi Joe, we have done the searches for you. Are you in front of your computer?
TRADEMARK FACTORY: Great. Please go to your personalized page at trademarkfactory.ca slash secret slash joe
JOE: I’m there.
TRADEMARK FACTORY: Do you see the table with your new names?
TRADEMARK FACTORY: The guarantees mentioned here are for our ALL-INCLUSIVE package. If you choose our basic packages, there won’t be any guarantee.
JOE: I understand. I want to go with the ALL-INCLUSIVE package. This is what makes the Trademark Factory different from all other firms.
TRADEMARK FACTORY: Great.
TRADEMARK FACTORY: As you can see, we believe that the Trademarks Office will probably reject this trademark for the following reasons. Da-da-ta-da, ta-da-da-da, ta-da-ta-da. In summary, we really don’t recommend proceeding with this trademark. We could file it for you if you really want to give this a shot, but we won’t be able to offer any money-back guarantee for this trademark.
JOE: No, not interested in this one.
TRADEMARK FACTORY: This one has slightly better chances. We see many potential issues with it, such as ta-da-ta-da and da-da-da-da. We’re still going to do whatever it takes to get this trademark registered, at the same all-inclusive flat fee. However, if we are unsuccessful at overcoming the objections of the Trademarks Office, you will only receive 50% of our fees for this trademark.
JOE: So it means that you’re going to respond to all office actions as necessary. I’m not paying anything extra. But if it doesn’t get registered that I’m going to get 50% of what I paid you back?
TRADEMARK FACTORY: Yes.
JOE: This is a pretty good deal for trademarks that may or may not get registered.
TRADEMARK FACTORY: Wait till you hear about the other marks.
JOE: I like the sound of it, 100% money-back guarantee from a lawyer!
TRADEMARK FACTORY: Yes. We think that your trademark is registrable. We did spot a few concerns such as ta-da-ta-da, but we believe that we should be able to overcome whatever objections the Trademarks Office may come up with, so we are happy to offer our unique 100% money-back guarantee. What this means is that if your trademark is not approved, we will refund you 100% of what you paid us for our services.
JOE: I like it! Let’s go for it!
TRADEMARK FACTORY: We have something better.
JOE: What can be better than 100%?
TRADEMARK FACTORY: 100 PLUS %
JOE: What is it?
TRADEMARK FACTORY: We didn’t find any conflicting marks or any other reasons why the Trademarks Office would not approve this trademark. So it’s eligible for our unique Super 100+% money-back guarantee.
JOE: What does it mean?
TRADEMARK FACTORY: If your trademark does not get approved by the Trademarks Office, we will refund you all the money that we received from you PLUS we will also pay you back the amount of the government filing fees.
TRADEMARK FACTORY: Yes, we are this confident!
JOE: So what would you recommend?
TRADEMARK FACTORY: I think you should decide between NAME 3 and NAME 4. They both have very good chances of being registered. So you need to decide which of these names would be better for your marketing and sales.
JOE: Tough choice. I like the idea of 100+%, but I like NAME 3 better.
TRADEMARK FACTORY: Remember, you only get the money-back if we do a bad job, and we don’t plan to.
JOE: Right. OK, let’s go with NAME 3.
TRADEMARK FACTORY: Great. We have an easy way for you to order our services. Just click here and [sound fades out]
Disclaimer: Please note that this cartoon is not and is not intended as legal advice. Your situation may be different from the facts assumed in this cartoon. Your watching this cartoon does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this cartoon as the only source of information to make important decisions about your intellectual property.
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