Why Use a Trademark Professional to Register Trademarks


Even though you CAN file your own trademark applications, it is generally not a good idea. Find out why in this video!





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TRANSCRIPT

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 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 a 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 100% money-back guarantee—use Trademark Factory, the only firm providing you with a Triple Peace of Mind guarantee!


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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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