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I am overwhelmed. Where do I start?

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Start the process by contacting us.

Order a free trademark search, or contact us to book a free trademark consultation.

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What does free re-filing of my trademark mean?

Free re-filing of my trademark is not available if you select our SAIL THROUGH package.

If you select our ALL IN package and if your trademark is refused for all the products and services covered by your application, we will re-file your trademark for free. Your newly filed trademark will be filed on our SAIL THROUGH package conditions.

If you select our BELLS AND WHISTLES package and if your trademark is refused for all the products and services covered by your application, we will re-file your trademark for free. Your newly filed trademark will be filed on our ALL IN package conditions.

Question: Who pays government fees?

Answer: You are always responsible for paying applicable government fees.

Question: What if I change my mind about pursuing my trademark? What if I decide to re-brand? What if my trademark is opposed?

Answer: If you decide to abandon your trademark, change your mind about pursuing registration of your trademark or if you decide to re-brand, we will not re-file for free. If your trademark is opposed by a 3rd party during the opposition period and if you choose not to defend it or if you lose during the opposition proceedings, we will not be able to re-file for free. We will re-file your trademark only if it’s refused by the Trademarks Office during the examination process.

Question: Can I re-file my trademark for different goods and services?

Answer: Yes, we will allow you to re-file your trademark for different goods and/or services.

Question: Can I re-file in a different country?

Answer: No, free re-filing must be done in the same country where the original application was filed. As an exception and on a case by case basis, we may allow re-filing in a different country.

Question: Can I ask for money-back instead?

Answer: No, we do not offer money-back.  Free re-filing offer has no monetary or cash value.

Question: How soon do I need to re-file?

Answer: Free re-filing offer must be used within 6 months after a client was notified of final refusal. If a response to a refusal can be written first, it must be submitted before a client can choose the re-filing option.

Question: Can you do partial re-filing?

Answer: No, we will re-file your trademark if it’s refused for all the products and services.

What is trademark monitoring (confusion watch) service?

What is confusion watch?

We will search the Trademarks Office database of the country where we filed your trademark.

The service covers newly and previously filed trademark applications with the Trademarks Office. If we find a trademark that is similar to yours, we will promptly let you know.

Why do you need to know about similar trademarks?

You should be the first to know if somebody filed a similar mark. This will allow you to decide if you want to send them a demand letter, keep monitoring to see if the Trademarks Office rejects the confusing application, oppose the confusing application if it’s approved by the Trademarks Office, or ignore it if you don’t think it’s causing confusion with your brand.

You may say: “The Trademarks Office will reject a similar trademark anyway, so I don’t need this service”.

Yes, and no. Your competitor may do a lot of damage in a short period of time (advertising their confusingly similar trademark, luring your customers, causing confusion).

Also, sometimes the Trademarks Office makes a mistake and approves a confusingly similar mark. If this happens, you will need to oppose. And if you miss a short period of time during which oppositions can be filed, then this confusingly similar mark will register and you will need to go to court to stop them.

In the UK and EU, Trademarks Office will not refuse a similar trademark as there is no examination on relative grounds (meaning that unless there is an opposition a very similar or ever identical mark will register).

The cost of trademark monitoring service is usually around US$250-300 for a year.

You can buy one year of trademark monitoring from us at a discounted rate of $250 per trademark per country.

What’s your hourly rate?

Anita’s hourly rate is US$250.

Our US, UK, and Australian lawyers‘ fees are also US$250 an hour.

You don’t need to worry about our hourly rate if you select the “Bells and Whistles” package. With our “All In” package, hourly rates will only apply if you receive substantive office actions (or cease and desist letters).

Please note that our hourly rate is US$300 an hour for trademark opposition work. Oppositions are not included in our packages and will be extra.

What’s the difference between “SAIL THROUGH” package and “ALL IN” package?

I am glad you asked.

It’s simple.

“ALL IN” package includes everything that “SAIL THROUGH” package includes and in addition it includes responses to non-substantive office actions (administrative inquiries from the Trademark Office). Please read more about office action in this post.

“ALL IN” package also includes filing of a Statement of Use for intent-to-use applications in the US .

In addition, “ALL IN” package comes with free trademark re-filing should your trademark be refused by the Trademark Office during the examination.

“SAIL THROUGH” package doesn’t include reporting/responding to any objections, filing of a Statement of Use and if your trademark is refused, we will not re-file for free.

Our current hourly rate is US$250/hr.

You can see the difference between “SAIL THROUGH” package and “ALL IN” package is $400.

  • An average response to a simple objection (addressing formality) takes 0.5-1.5 hours.

It’s not uncommon for the Trademarks Office issues more than one office action.

If you do simple math, if we receive 2 simple office actions or 1 more complex one, we will spend on average 3 hours (3x$250=$750).

  • Filing of a Statement of Use will cost you $250 if bought separately (or if you choose “SAIL THROUGH” Package) and $50 for each additional class if your application has more than 2 classes.

So, with “ALL IN” you will avoid having to pay extra for our time to respond to administrative objections and you also don’t pay professional fees for the submission of a Statement of Use for intent to use applications.

Buying “ALL IN” package can be compared to buying an insurance policy, the only difference is that the odds of getting an objection is 65% so statistically it is a better deal for you. If you haven’t launched your business yet and don’t use your trademark yet, then “ALL IN” is the way to go as you will need a Statement of Use filed before registration.

Why do we offer “ALL IN” package if “SAIL THROUGH” seems like a better deal to us (we can bill you extra, can’t we)?

Because we don’t like tracking our time, we don’t like issuing additional invoices, we don’t like sending reminders chasing unpaid invoices and we don’t like making you pay extra.

Our goal is to provide flat-fee competitively priced trademarking packages and “ALL IN” is the best deal for registrable trademarks.

In addition to not having to worry about paying hourly rates, the “ALL IN” package comes with free re-filing unlike the “SAIL THROUGH” package, so can you do the math? Which package is better?

Full description of our packages is here: Pricing.

 

 

Why should I hire a trademark attorney? Why should I hire a trademark agent? Can I register trademark myself?

Registering a trademark is a time-consuming and complicated process. That’s why the Canadian Trademarks Office recommends hiring a registered agent. A full list of a trademark attorney can be found here: http://www.ic.gc.ca/cipo/mc-tm/agents.nsf/tmagents-eng?readform&wt_src=cipo-tm-main.

Following August 3, 2019 changes in the US, non-US domiciled applicants must now hire a US attorney in order to file their trademark in the US.

In fact, in most countries where you file a local attorney is necessary.

A trademark professional will help you by:

  • Conducting a proper trademark search to determine if your trademark can be registered.

 

  • Increasing your chances of getting your trademark registered by a trademark attorney. A 2013 Wall Street Journal article reports that register trademark applicants represented by a trademark professional are 50% more likely to get through the registration process than those who go it alone. Although this is a US article, I am sure statistics in Canada is similar. https://blogs.wsj.com/law/2013/04/10/when-it-helps-to-have-a-lawyer/

 

  • Saving you time—a trademark professional will monitor all Trademarks Office updates, leaving you time to run your business. A trademark lawyer/agent will also correspond with foreign associates on your behalf if you file in other countries.

 

  • Saving you money— if you file incorrectly, your trademark will be refused and you will have to pay additional fees to re-file. If you have already spent time on your brand, such as website, business cards, stationery, advertising, you will have to re-brand and this will be expensive.

 

  • Giving you invaluable advice when you need it.

 

  • Helping you to sleep soundly at night – a weak trademark will leave you vulnerable to receiving a “cease and desist” letter and to court actions.

Why should I use Trademark Angel to register my trademark?

There are so many trademark agents and lawyers that it’s difficult to choose the right one.

Here is why you should choose us:

  • Check our Google reviews or reviews on TrustPilot. If you have a Facebook account, check our Facebook reviews as well.
  • We offer flat fees. So your budget is predictable from the get-go.
  • File with confidence! If your trademark is refused, we’ll file another – fee excused.
  • We know how to get your trademark registered in the shortest time. Very important for Amazon sellers.
  • The founder of Trademark Angel, Anita Mar, received the Canadian Education Foundation Prize for the highest results on the Trademark Agent examination in 2008. You say – no big deal? Only 25% of contestants pass the exam according to the statistics provided by Canadian Trademarks Office, and this 25 % includes those who write for the 2nd and 3rd time.
  • We work with the best licensed professionals and attorneys in each country where we file so you get the best service at the lowest price. Each trademark is filed by an accredited attorney or trademark agent.
  • We offer the best price on the market. Don’t believe us? At Trademark Agent, you are covered by “Meet and Beat” guarantee. If you find a cheaper identical offer, we’ll beat it by 10%.
  • We can file in many countries with the same flat-fee model. No need to go to another place.
  • We offer amazing discounts for multiple marks. At Trademark Angel, we offer 20% discount for the 2nd trademark filing in the same country. Try and find a better deal! Most other law firms will give you 10% discount if you are lucky!
  • If you change your mind, no worries. We offer “I changed my mind” guarantee. If you have decided to become our client and changed your mind, a full refund will be offered within the first 48 hours (provided we haven’t started working on your application).
  • Do you need to incorporate first? We’ve got you covered. We can refer you to our colleagues who can help you.
  • Do you need to register your copyright? Do you want to protect your photographs, music or songs? We can do that too at one low fee.
  • We can help you if your Amazon account has been hijacked or suspended.
  • We offer 3 great packages. Most of them are packed with things you won’t find at any other law firm or trademark agency. For example, our Premium “Bells and Whistles” package, which is only $1195, will cover assignments, writing of “cease and desist” letter, trademark strategy review and unlimited consultations with us. It also comes with free re-filing guarantee.
  • We understand that cash flow may be a problem, so we will offer a payment plan. If you are strapped for cash, we will consider barter. Our main goal is to make trademarking affordable to anyone.
  • We work with Amazon sellers, go to Amazon-related conferences and know the requirements of Amazon Brand Registry. We have been recommended on many Facebook Amazon seller groups including the Amazon FBA High Rollers, The Amazing Seller, Amazon FBA Warriors, Just One Dime, etc.

You can trust us.

Drowning in trademarking sinking sands?
Let Trademark Angel lend a hand!

Do you offer barter?

Yes, we do. Our primary goal is to help startup companies. Please contact us for details.

Do you offer a payment plan?

Yes! No interest payment plans are offered on most our packages. We want your business.

Please ask us if you need a payment plan as it’s not offered automatically.

Contact us for details.