If you are receiving this email, then undoubtedly you have seen our $1000 Trademark Challenge. Probably too many times, as we tend to do. (We are experts at trademarks, not marketing after all.) Here’s a refresher of our 2009 “art”: $1000 Trademark Challenge – Best Since 1992. We want you to compare trademark services carefully. We know we
are your best trademark choice. Please keep us in mind while shopping around. We have a challenge for you! IF you find a better trademark company who handles all your needed steps like we do, then we’ll pay you a $1000 reward! The unique combination of Stepby-Step Federal, State & Common Law Comprehensive IP research – as the USPTO recommends is something NONE of our competitors has offered at any time over the past 29 years. We just increased this challenge from $100, first offered in 2009, then $300 from 2010 to 2017, $500 in 2018 – Now $1000 in 2019. We can’t find a better way to trademark a name, slogan or logo. Can you? Call us! Thank you!
Here’s some #’s, since 2009, in case you are wondering:
3 = times someone has ever called with a “better” trademark company possibily.
3 = times I have proven to those same callers, who quickly accepted TME was better.
2016 = the last year anyone has called with a “better” trademark company candidate.
0 = number of competitors who have ever called to say they had a better service. .
We are talking 13 years here.
NOTE: IF you are a competitor – service or attorney – and you think you offer a better service, then call now. Take our $, IF you can. I promise to promote you on Constant Contact to our clients too. I want to get my $1000 worth. Most of those years, we had to be better, because we didn’t have an extra $300 or $500 to pay anyone. (We are experts at trademarks, not comedy after all.)
I came up with this idea, in response to the “fly-by-night”, I had thought at least, trademark “file-only” services that started in 2009. We fought for the same space at the top of the Internet. Incompetent, unqualified, damaging to their clients – because they offered little to no research whatsoever. Lots of USPTO and CIPO likelihood-of-confusion refusals, bad applications with poor specimens, name/logo inappropriate combinations and merely descriptive marks that were never trademarkable in the first place – these striped down services are thriving. They take advantage of trusting new business start-ups for a quick buck. In my Zoom call with David Gooder, the USPTO Commissioner, he called these companies “illegitimate trademark mills”. So, in our 29th year, we strive to keep our services great and affordable.
We do our $1000 Trademark Challenge because we want you to compare.
Please call me, if you have any comments.
Chris 650-948-0530
Zoom Anytime – https://bit.ly/TradeMarkZoomMeeting
Calendly Meeting – https://calendly.com/tmexpress/15min
LinkedIn – https://www.linkedin.com/in/chrisdemassa/.
If you have a viable business, product or service, are on an upward trend, you may want to get a trademark to protect it, secure Federal trademark rights, to gain full ownership.
If not ready to trademark, then do our $400 Start-Up Package. See steps 1-3, to make sure your mark is at least LEGALLY CLEAR to continue use and keep gaining Common Law rights. We are the ONLY trademarking service since 1992, to split the trademark process into 4 steps.
IF legally blocked, under trademark law, after you confer with one of our 10 trademark attorneys
Total Comprehensive IP Legal Research, Analysis, Attorney, Application
Trademark Premium Package $800 – $100 Spring Discount = $700.
Federal (non-cannabis products) trademark application fee $350 per class.
State trademark application fees vary from $15 to $125 per class, per State.
Expected Staff Time 8-10 Hours.
Included Database Cost Average $150.
Savings From Trademark Attorney $1500 – $2000.
Is your business name LEGALLY CLEAR?
Do you want to OWN IT nationally?
Similar names affect your legal use too – in sound, appearance or meaning.
Please call us for a free expert trademark
consultation, for this 8-10 hours of work.
Comprehensive legal IP research is needed to make sure your trade name is legally available, before opening, before expansion, before incorporation or before designing your logo. Similarities in sound, appearance and meaning affect legal availability too.
Legally clearing a name, logo or slogan are part of the creative process.You have a 40% chance the name you picked, is NOT legally clear, when it comes to comprehensive research. Do not be fooled into thinking your basic CIPO or TESS or WEB search is all you need. That is why we offer so much information.Your creative work is NOT done until your name, logo makes it through an actual comprehensive legal search.THEN everything else to do with your start up should take place – because everything, and I do mean everything you do spins off a LEGALLY CLEAR name.
Please call or Zoom us anytime for a free expert consultation: https://bit.ly/TradeMarkZoomMeeting.
What is trademark infringement?
Trademark infringement is the unauthorized use of a trademark’s sameor related goods or services in SOUND, APPEARANCE or MEANING, while also considering customer type and distribution channels, as well, in a manner that is likely to cause confusion in the marketplace. Acquiescence happens when a mark is not enforced over time, thereby losing rights to your trademark. This is why our work includes free access to our seasoned network of 10 trademark attorneys, to expertly sort through conflict and similarity issues. An experienced attorney is needed for every trademark, as we provide.
DID YOU SEE THIS EMAIL FROM MARCH 31 & FEB 26?
UPDATE of Offshore, USA Seemingly Located, LOW COST MILLS, SCHEMES, SCAMS, FRAUDS. The USPTO TERMINATED 5700 Trademarks on Jan 25, 2022. Is yours one of them? Good Afternoon, this is an update from our Feb 26 notice.
We have since contacted over 100 of the 5700 scammed companies who lost their trademark when the USPTO summarily terminated their filings en masse.
In talking to the USPTO Commissioner’s Office on Thursday, they say there was no choice but to terminate these marks because of all the filing rules broken, including forged signatures, illegitimated contact information – all well beyond purposely incorrect specimens and poorly worded goods/services statements, in order to fleece their customers of more $ to fix.
The USPTO nowadays only communicates via email.
In this case, I recommended to go back to mailing postcards to people to let them know their marks were killed. The USPTO is considering this idea.
In our calls, not a single person was aware their filing was not proceeding to registration, except a few contacted by several trademark attorneys located in Chicago, Newport Beach and Washington DC. The later Steven War of War IP says he talked to a woman who after the death of her husband the week before, decided to open a business to honor him. She had upcharges on her credit card totaling over $12,000 for phony services she never authorized – all starting with the idea of getting a trademark.
I found people who were fleeced of $5000 and $4000, stemming from a low priced ~$69, $169 or $199 trademark orders. (Not sure which one was the Lure.) Amex gave $5000 back to one business owner, CapitalOne didn’t for the $4000 – because they believed the doctored docs. Neither business owner knew their marks were terminated by the USPTO.
I called attorney Steven War back to ask if he is recommending comprehensive research oo before filing – like we do. He said he did, but in his experience only 2% of his clients actually bought it. He was as dismayed – as we always are. (I’ll write about this in the future because comprehensive research was done by everyone before 2010, when these type of trademark “file only” mills started mutating.) He didn’t know what to do about the issue. I commended him because he is one of the few attorneys who even mentions the need to his clients.
Needless to say, now these 5700 business owners are not going to trust anyone. They won’t trust the attorneys calling them, or us. One person who I made an extraordinary effort to reach after receiving her email one liner saying we were “just another web site”.
Ouch. When I reached her, I told her it took me 15 minutes to initially find her, while giving up last weekend, because her trademark application did not have her contact information on it. After getting my call and email, she said she had called a friend who knew a trademark attorney and he was going to refile the mark. When I said she had to make sure her mark was LEGALLY CLEAR before refiling, because 35% are not, she didn’t believe me – because the attorney made no mention of the research – just like the scamming firm she hired – Trademark Terminal.
That attorney is not only negligent, but as an attorney unethical as well, because it is their duty to tell people to the best of their knowledge what they need, the right procedure.
Attorneys KNOW the chance of getting a likelihood-of-confusion is high. They know USPTO Office Actions are usually not winnable. They will accept the extra future income of $750 to $3000 to argue an office action, while ignoring the high cost of the trademark owner has put into the new product or service over the prior 8 months in the marketplace assuming they have a trademark to anchor it.
These type of attorneys know it’s easier to take an order, by saying “yes” to someone who wants to get a trademark at the moment, without giving them cause to pause and look around for someone less expensive – who is not doing the NEEDED legal research.
Adding to this is our saying that business owners NEED the comprehensive reserach first, then IF LEGALLY CLEAR, then to refile. This is ethical. Not giving the new business owner a choice, the knowledge to make a pivotal, critical decision is unethical.
When you do trademarks every day for 29 years, this is the only way to do a trademark.
This is how trademarks have been since 1802. You cannot infringe upon a prior trademark, someone with first use rights under common law. Sound, appearance and meaning – channels of distribution, customer type, and related goods/services all matter.
Take a look at the LOW COST trademark service reviews.
Look at Trustpilot https://www.trustpilot.com/ where they often post way more reviews for themselves, way, way, beyond their actual business, (I hope!), but look at the bad ones they cannot block from appearing. Next, correspond what you read, to what the BBB displays about them @ https://www.bbb.org/. IF you do this, you see a stark comparison.
You will see how damaging these “services” are to small business. You will understand why I am the way I am.
POST FROM FEB 26, 2022
IF you used a LOW COST trademarking service over the last few years, then you may not be aware your USA trademark was TERMINATED Jan 25, 2022 along with 5700 other Federal USA Trademarks. See: https://www.uspto.gov/sites/default/files/documents/TM -Show-Cause-Order-Abtach-et-al.pdf
Please look at the rest of the links, below, to demonstrate in great detail what this is all about. Call us and we’ll help sort through your trademark situation.
Jan 25, 2022 is when the USPTO cited 43 trademark and logos design services all owned by Abtach, 360 Digital Marketing and Retrocube, from former staff from Axact, whose operation let to their owners receiving 20 year jail sentences for fraud, by the Pakistan FIA
https://www.uspto.gov/trademarks/basics/why-register-your-trademark
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