Why Use Trademark FactoryÂ® to Register Trademarks
We are not the only firm that can help you protect your brand and register your trademarks. We created this cartoon, so you can see for yourself why we believe that our All-Inclusive Flat Fee is the best offer on the market.
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NARRATOR: Adelina wants to open a catering business ARTSY COOK. She wants to register her trademark.
NARRATOR: Adelina received quotes from many law firms. Most law firms sent Adelina their 2 or even 3-page schedules of fees listing prices for various steps that Adelinaâ€™s trademark application will go through. She also received a fixed quote for a single all-inclusive flat fee from the Trademark Factory.
NARRATOR: Letâ€™s see how these options compare in real life! Weâ€™ll use the most common scenario when some minor things go not as planned, but there are no substantial difficulties in the process.
NARRATOR: The approaches are different even before the trademark application is filed!
ADELINA: Hello, I would like to know if I can register my trademark ARTSY COOK. Can you do a search for me?
TYPICAL LAWYER: Yes, we can do a trademark search for you. The search will cost you $300.
TRADEMARK FACTORY: We will be happy to do a FREE, no-obligation trademark search for you. The search will help you uncover any similar marks that can pose a problem. Did I mention that the search is free?
ADELINA: Letâ€™s do a search for ARTSY COOK for catering.
TRADEMARK FACTORY (calling Adelina): Congratulations! There are no similar marks. That means that we are happy to offer you our unique 100-PLUS percent money-back guarantee if your mark is not approved for publication.
ADELINA: Really 100% money-back?
TRADEMARK FACTORY: Better than 100%. If your mark is not approved, Will we refund all the money you paid us, including the government fees. AND we will also pay you what you spent on government filing fees.
ADELINA: WOW! This is amazing! 100+%? Do you do this for all trademarks?
TRADEMARK FACTORY: No. We have four levels of money-back guarantee, depending on registrability of each trademark in question. 100+% is our strongest guarantee, and Iâ€™m happy that ARTSY COOL qualifies for it!
ADELINA: Great! I have another question. All other firms sent me a schedule of fees. And with your firm, itâ€™s just a single number. How come?
TRADEMARK FACTORY: Well, we are the only firm that has the ALL-INCLUSIVE package. What this means is that we charge a single, all-inclusive flat fee that covers everything from start to finish, from filing to registration. That means you know your entire budget upfront and will never exceed it.
ADELINA: I love it! Do I pay upfront?
TRADEMARK FACTORY: Yes, and we offer payment plans.
***[Adelina hangs up]
TYPICAL LAWYER: Congratulations! We did the search and we found no similar marks. I am sending you the invoice for $300 plus tax. Would you like to file your mark?
Adelina: Can you tell me exactly what your fees are going to be from start to finish?
TYPICAL LAWYER: No. We canâ€™t predict if there will be any complications during the process, so the answer is no. Thatâ€™s why I sent you our schedule of fees. We will charge you for whatever services we will need to provide to get your application registered.
ADELINA: Do you provide any money-back guarantee if the application is rejected?
TYPICAL LAWYER: Never heard of that! Of course, not. You see, we will have invested our time on your application, and we must be compensated for it.
ADELINA: I see. Do I pay upfront?
TYPICAL LAWYER: We will be sending you invoices after we render each particular service, but we will need a $3,000 retainer in trust.
ADELINA: Whatâ€™s a retainer in trust?
TYPICAL LAWYER: Well, technically, itâ€™s still your money, but you pay it into our account. If we donâ€™t use it up [GIGGLES], weâ€™ll return whateverâ€™s left.
NARRATOR: Trademark Factoryâ€™s ALL-INCLUSIVE package covers everything from start to finish. This single all-inclusive flat fee is higher than the fee that a typical law firm will charge to file a trademark application. But letâ€™s see how the fees compare in time.
TRADEMARK FACTORY: Hello Adelina, your mark is now filed. Iâ€™ll get back to you with updates.
TYPICAL LAWYER: Your mark is now filed. Iâ€™ll get back to you with updates. I am sending you our invoice for $700 plus tax for preparing and filing an application.
NARRATOR: 6 months later: the trademarks office has issued an office action listing several minor objections. This happens to 75% of all filed trademark applications.
TRADEMARK FACTORY: The examiner at the Trademarks Office requested a more specific definition for some of your services. We need to respond within 6 months. Hereâ€™s how we propose to fix it. Please let us know if you agree and we will file a reply.
TYPICAL LAWYER: We received an office action from the Trademarks Office. I am sending you our invoice for reporting this to you in the amount of $200 plus tax.
ADELINA: I need to think about this. It may take me some time. Can we extend the deadline?
TRADEMARK FACTORY: No problem! The deadline has been extended. Please let us know when youâ€™re ready.
TYPICAL LAWYER: We have now filed a request for an Extension of Time. I am sending you our invoice for $120 plus tax.
ADELINA: OK, letâ€™s make such and such changes and file the reply.
TRADEMARK FACTORY: We now filed the reply to the Office Action. Iâ€™ll get back to you when we have more news.
TYPICAL LAWYER: We now filed the reply to the Office Action. I am also pleased to send you our invoice for responding to this office action in the amount of $500 plus tax.
NARRATOR: Adelinaâ€™s trademark is finally approved.
TRADEMARK FACTORY: Congratulations! Your mark has been approved!
TYPICAL LAWYER: We are pleased to advise that your mark was approved and that we are sending you our bill for reporting the Approval Notice in the amount of $200 plus tax.
NARRATOR: Adelina discovers a typo in how the Trademarks Office processed her application.
ADELINA: How come it says APELINA in the approval notice, instead of ADELINA? I checked and it was the correct name in the application?
TRADEMARK FACTORY: We fixed the typo. Your mark will be published soon.
TYPICAL LAWYER: We have now written to the Trademarks Office and asked that the typo be corrected. I am sending you our invoice writing to the Trademarks Office and asking to correct the error in the amount of $100 plus tax.
NARRATOR: Adelinaâ€™s trademark application is published for opposition.
TRADEMARK FACTORY: Congrats! Your mark was published in the Trademarks Office journal!
TYPICAL LAWYER: We are pleased to advise that your mark was published in the Trademarks Office journal. As previously discussed, I am sending you our bill for reporting the publication notice in the amount of $50 plus tax.
NARRATOR: Adelinaâ€™s trademark is allowed.
TRADEMARK FACTORY: Weâ€™re almost there! Your mark is allowed. We will need to file a Declaration of Use once you start running your catering business.
TYPICAL LAWYER: Your application has been allowed. Please let us know once you commence using your mark and we shall prepare a Declaration of Use. I am sending you our bill for reporting the publication notice in the amount of $100 plus tax.
NARRATOR: The deadline for filing the declaration of use is quickly approaching, but Adelina has not yet opened her catering business.
ADELINA: I need a bit more time. I will be opening in about 4 months.
TRADEMARK FACTORY: No problem. We will ask for an Extension of Time.
TYPICAL LAWYER: We will be happy to seek an extension of time on your behalf. Our professional fees will be $100 plus tax.
NARRATOR: Adelina is ready to file her declaration of use.
TRADEMARK FACTORY: We have now filed a Declaration of Use. Your mark will be registered soon.
TYPICAL LAWYER: We have now filed a Declaration of Use on your behalf. I am sending you our invoice for filing a Declaration of Use in the amount of: $200 plus tax.
NARRATOR: Adelinaâ€™s mark is finally registered!
TRADEMARK FACTORY: Hello Adelina, congratulations! Your mark is now registered. Thanks for choosing Trademark Factory.
TYPICAL LAWYER: Hello Adelina, your mark has now been registered. I am sending you our final invoice for reporting the Certificate of Registration in the amount of $300 plus tax. Unfortunately, we used up the entire amount of the retainer, so you should send us a cheque for the balance.
TYPICAL LAWYER: I will email you the PDF of your registration certificate.
ADELINA: So I donâ€™t get the physical certificate?
TYPICAL LAWYER: Well, you could print the PDF!
ADELINA: This turned out to be much more expensive than I thought. The filing fee is really just a drop in the bucket compared to the final amount!
TYPICAL LAWYER: Well, we sent you our schedule of fees. Itâ€™s all there.
ADELINA: Well, how was I supposed to know that you would be charging me for all those things? I thought that I would only be paying the filing fee.
TYPICAL LAWYER: Yeah, rightâ€¦
ADELINA: Thank heavens the application got approved. I can only imagine how angry I would have been if I had to pay all of these invoices and get nothing in return!
TYPICAL LAWYER: Well, you would have received my time in return. And itâ€™s very valuable!
ADELINA: Thank you! You made the whole thing so simple for me. You held my hand every step of the way, yet I didnâ€™t have to worry about more and more invoices. I paid once and didnâ€™t have to worry about it again.
TRADEMARK FACTORY: And donâ€™t forget, if the Trademarks Office refused to approve your trademark, you would have received all of your money back. We are so confident in our services, we are the only firm in the world with a Triple Peace-of-Mind Guarantee!
NARRATOR: So what would YOU choose? Single all-inclusive flat fee and 100% money-back guarantee or uncertain fees that keep piling up and no guarantee? Donâ€™t gamble on your application. Make a smart choice!
ADELINA: Now that I really understand the difference, itâ€™s a very easy choice to make. Trademark Factory all the way!
TRADEMARK FACTORY: Thank you.
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.
Watch our other cartoons or leave your comments below!
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