Considering getting a Federal Trademark for your business logo or company name to protect your intellectual property? Should you hire a law firm or is it a good idea to use the online legal service such as Legalzoom?
Legalzoom Trademark Review – Search and Applications Fees
Fellow small business owners, let me answer your trademark questions about is Legalzoom good for trademarks including how to do a comprehensive trademark search, when you need to hire an experienced trademark attorney and how to complete the trademark office USPTO application and how to file a trademark at the United States Patent and Trademark Office. Ready to trademark? Come along on an education journey towards protecting your business property.
Learn what can and cannot be trademarked (Logos yes, Ideas – Yes & No), what a trademark registration protects and how much a trademark attorney or an online legal service, such as LegalZoom will cost. All this and more are covered in this in-depth review of Legalzoom trademark reviews.
Why Legalzoom Trademark Legal Services are Good for Most Small Business Owners
If you are like me, a small business owner who wants reasonable, and affordable protection for your company name and logo to prevent unscrupulous competitors from stealing their name, ideas and customers – then Legalzoom trademark packages are your best choice.
First, before you go reading and believing negative reviews of Legalzoom trademark services, mostly written by law firms selling you their services instead, ask yourself what level of trademark legal services you need:
- Do you have a straightforward company name, logo or product brand that you want to trademark?
- Are you a lean, bootstrapped startup?
If you answered yes to the two above questions, which 80% of new businesses will, then Legalzoom trademark registration is a good choice for you.
PLEASE do not DIY do it yourself and try to complete the long and complex application form at the US Trademark office. As a busy entrepreneur, it is NOT worth your time, which would be better spent marketing your firm, than completing boring (and confusing) government forms.
I also recommend them because the BBB Better Business Bureau gave them an A+ Rating.
Pros of Legalzoom Trademark Search & Registration
- Experience over 180,000 Trademarks Registered
- Legal Assistance – Attorney Led
- Affordability – Starts at $199
- Satisfaction Guaranteed
Cons of Legalzoom Trademark Services
- Not recommended for Complex Trademark Applications
- No International Protection
When to Use an Experienced Trademark Attorney
However, if you have a complex situation which involves multiple industries and international markets you probably will be better off consulting a law firm specializing in intricate intellectual property law and hiring an experienced trademark attorney. Check out these Legalzoom alternatives
How to Register a Trademark at Legalzoom
It is super easy to register your trademark at Legalzoom.
1- Complete the simple trademark registration questionnaire. If your trademark is a design or logo, you will upload a sample. If your trademark name is currently being used in commerce you will send a sample of usages such as business cards, photos of store signs and products.
2- Legalzoom searches the federal trademark database for direct (and possible) conflicts with your name and logo – You have the option of selecting a free search (which is limited) or a comprehensive search. Then if you believe a conflict exists, you can choose to modify your application, proceed as planned or cancel your application before filing. Be aware that your fee for the trademark search is not refundable.
3- Create and File Your Trademark Application – Online using the Legalzoom software dashboard you finalize your application, sign electronically and submit online. After you sign your application, Legalzoom reviews it for accuracy and completeness then files it with the USPTO along with required supporting materials. Once the Federal Government receives it you will be assigned a serial number and receive an email confirmation.
4-Review Process Patent and Trademark Office – The USPTO will review your application to determine if your trademark may be registered. If the examining attorney determines that the mark cannot be registered, they will issue an Office Action listing the grounds for refusal, and provide instructions on how to appeal and argue the refusal. You may also get an Office Action to make corrections to your application. You have up to six months to reply to these Actions before your application is deemed abandoned.
5-USPTO Approves Your Trademark Registration – If your application is approved, or if you overcame any objections and made all corrections required your mark will be approved and listed in the publication Official Gazette. You will get a Notice of Publication with the publication date. Your trademark will be open to opposition from third parties for 30 days. If you receive no opposition or overcome any oppositions your mark will become a registered trademark.
6-Registration Certificate – If your trademark was already in commerce use the USPTO will register your mark and issue a certificate in about 12 weeks from the publication date. If your mark was registered in intent to use in commerce you have six months from the Notice of Allowance to use the mark in commerce or ask for a six-month extension.
Why Businesses Should Get Federal Trademark Registrations for Logos & Names
Registration of your Trademark is only the start of protecting your company. If you find that other companies infringe, or use your intellectual property, you will need to defend or perform Trademark Enforcement.
The majority of the value of trademarking for small businesses is psychological for both you and your marketplace. For you, it gives you the confidence to go out and promote your product to customers and investors knowing you have protection in place. In the marketplace, it intimidates and slows down your competitors from blatantly copying your product success.
The symbol for a trademark should be prominently displayed on your website, product packaging, and marketing material to deter these IP thefts.
My personal experience with trademarks was just this. In my cosmetic manufacturing company, I invented the design of a clear soap with a silk flower embedded inside. I registered the trademark, and it gave me leverage and some lead time to get ahead of my competitors. It was enough time to gain market share and become the leader in my marketplace.
Go with the legal professionals at Legalzoom, who has helped over 180,000 customers file their trademark applications successfully and is affordable.
How Much Does Legalzoom Charge for a Trademark?
Trademark packages consist of two parts – Part 1: Trademark Search and Part 2: Trademark Federal Registration. You must first determine if your name is trademarkable by searching to see if it is already a registered trademark in your State. Packages start at $199 which include the basic federal direct-hit search of the federal trademark database for direct conflicts with your trademark (a $75.00 value) or a discount on our Comprehensive Trademark Search Package.
If your desired name is available for the trademark you will proceed to the trademark application package for filing with the United States Patent and Trademark Office (USPTO) and additional filing fees need to be paid to the government starting at $325. Fees are dependent upon your class, types of industry and products, as determined by the USPTO US Classes Schedule.
I recommend the Complete Coverage package (for only $20 more than the basic package) which includes Cease and Desist letters which you will use if you discover other companies using your trademark registered name or logo.
Can My Business Name be Trademarked?
“Trademark” is also a remarkably elastic term. The United States Patent and Trademark Office (USPTO) defines it; a signature is a single word, multiple word phrase, logo, design or symbol that identifies and distinguishes the source of the goods of one party from those of other people. Alone this technical definition just scratches the surface of this vast pool of possible trademarks.
The Options Are (Practically) Limitless: Company Names, Phrases, and Even Colors
Under US legislation, practically everything could be registered as a trademark, since the security only applies in a specific context. The main limitation is the signature cannot be functional; this is, it cannot impact the functioning of the merchandise to which it is affixed. By way of instance, while it could be possible to trademark eyeglass frames of a specific color, eyeglass lenses with a specific tint can’t be trademarked, since the tinting directly impacts the performance of the glasses.
Beyond this, the sky’s the limit. The USPTO and the courts have approved many trademarks which look almost bizarre. Examples include the Form of a Coca-Cola bottle as well as the NBC jingle. Even pure colors could be trademarked, following the Supreme Court judgment in the event of all Qualitex dry cleaning gear.
Not All Trademarks Are the same
But, not all business logos are made equal. The magnitude of intellectual property security is dependent upon how powerful the signature is, which then is dependent upon its distinctiveness.
Arbitrary and fanciful trademarks are at one end of this spectrum; they’re exceptionally distinctive, even if they’re ordinary words. A complete example is Apple’s trademark, which is deemed arbitrary and fanciful on account of this circumstance (software and electronics) it’s employed in.
Suggestive conditions enjoy wide security, however to a lesser level compared to random trademarks.
Descriptive and generic phrases are normally not protected under trademark law and cannot be registered. The exception is when a descriptive signature becomes related to the business that produces the product, instead of using the merchandise itself.
The Way to Keep Your Registered Trademark
Trademark protection does have constraints. A trademark owner may shed a signature if it passes everyday use and becomes more excruciating. This was the destiny of trademarks like Nylon, Aspirin, Xerox, and Band-Aid. The question often becomes not precisely what could be trademarked, but how can it stay trademarked.
A signature can be preserved by actively and making attempts to safeguard it, which might lead to its being upheld regardless of the term entering ordinary usage. As an instance, Google and Adobe have failed to stem the adoption of “to google” as a synonym for searching the net or “into photoshop” as shorthand for changing images through electronic means, however their attempts to secure their trademarks have caused continuing legal defense for those terms.
Have something in your mind that you want to trademark and not certain the way to take action? Request an attorney for aid protecting what is yours.
Should You Register a Trademark INFOGRAPHIC
Ask yourself these questions to help you decide if you should register your trademark with the US Federal Trademark and Patent Office.
Courtesy of LegalLogik
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