All videos in this series:
00. Introduction to the series - http://youtu.be/8g4SSOlsP90
01. What are trademarks and why we need them - http://youtu.be/UwFY05nkF-U
02. Trademarks vs. Trade Names - http://youtu.be/FEa9cSpDxzM
03. Trademarks vs. Product or Service Itself - http://youtu.be/AMUAdJi9qgs
04. Two Limitations of Trademark Protection - http://youtu.be/4jejOVgMlHk
05. Registered vs. Unregistered Trademarks - http://youtu.be/zKvMIKS21gs
06. When You Should Register Your Trademarks - http://youtu.be/M4wpx17gzxU
07. Trademark Registration Process - http://youtu.be/O0PAtsYKIb0
08. Trademark Tips & Tricks - http://youtu.be/K3jB-iMhqhw
09. Let Us Register Your Trademarks - http://youtu.be/3lANdiFpPKQ
Unlike our competitors, we offer a single, 100% flat rate that covers pretty much everything:
- the initial search of registered trademarks,
- drafting your trademark application,
- filing your trademark application,
- responding to all office actions;
- responding to other follow-up correspondence,
- filing declarations of use, and
- obtaining certificates of registration.
A few comments are necessary here.
If you would like us to conduct the search of unregistered trademarks, we can certainly do this as well. A prior unregistered trademark will not automatically make your trademark unregistrable, but it may be the basis of an opposition proceeding or a lawsuit in the future. The rule of thumb here is to imagine a situation when you discover that such an unregistered trademark exists. Will you go continue using that mark in your business? If you answered "yes, I will probably look for a more unique name", then conducting a comprehensive trademark search is a good idea. If you answered, "I'll take the risk", then the search would be a waste of your money.
Going to the issue of responding to office actions, because we charge a 100% flat rate, it is in our best interest to draft the original trademark application as flawlessly as possible, because we are not getting paid to fix it in the future. To the contrary, most law firms will charge you an hourly rate to respond to office actions. I'm not implying that they intentionally do a bad job on their original trademark applications to be paid more in fees, but one thing is undisputable -- they don't have the same monetary incentive to do the job right the first time as we do.
Our flat rate for trademark registration does not include:
- government fees (In Canada, the government fees are $250 payable upfront + $200 payable if and when the trademark is registered. In the U.S., the government fees are $325 per class of goods or services in association with which you apply);
- our participation in the opposition proceedings. (as I explained in the video about the trademark registration process, opposition proceedings are a rare occurrence, and it would not be practical to factor it in the fees).
You are probably wondering, so how much is this wonderful 100% flat rate fee? We charge $2,000 per trademark per country.
On top of the 100% flat rate, in many cases we will offer a 100% money back guarantee if CIPO considers your trademark to be unregistrable. What this means is that we will refund all of your fees, including the taxes AND the government fees, if CIPO refuses to allow your trademarks. The only exceptions are if the refusal is due to opposition proceedings or due to another trademark application filed by a third party less than 21 days prior to our filing for you.
One last thing, as I said, we charge a flat fee of $2,000 per trademark per country. Often, a business has what is called a combined trademark, that is a logo with the name of the product or service in a stylized font. While it can be registered as a single trademark, it's not a great idea, because logos often change, and you want to make sure that your combined trademark is not cancelled for non-use.
I am using the example of a trademark I filed for one of our clients.
Instead of filing for a single combined mark, we filed for three separate trademarks, the word mark BENEFITDECK, just the logo, and the word "BENEFITDECK" in the stylized font. This way, my client can abandon using the logo, or change the font, yet still retain all rights in the word itself.
If you have several related trademarks, that is trademarks for essentially the same marks that are being registered in association with the same products and services, instead of charging you at $2,000 per trademark, we will offer very substantial discounts.
I am confident that this is the best offer on the market, given the scope of our services covered by the 100% flat rate, complete predictability of your fees, and often the 100% money back guarantee. I look forward to seeing you among our clients.