It’s common for potential clients to ask me, “Is LegalZoom legit when it comes to preparing and filing a trademark application?” You have undoubtedly heard of LegalZoom if you watch television or listen to the radio. LegalZoom is a do-it-yourself trademark service that cannot provide you with any legal advice or guidance because it’s not a law firm. All communications you have with LegalZoom aren’t covered by the attorney-client privilege and won’t be treated as confidential by the United States Patent and Trademark Office (USPTO) or any court in the U.S.
LegalZoom is Admittedly Cheap
Because LegalZoom offers to prepare and file your trademark application for a fee that’s substantially less than what most trademark attorneys would charge, it’s no wonder that prospective clients will sometimes ask me why they shouldn’t just use LegalZoom and save a few hundred dollars. For a small business on a tight budget, this is a reasonable question to ask.
Here’s How LegalZoom Works
Let me explain how LegalZoom’s trademark application service works. LegalZoom provides you with an online questionnaire that mimics the official USPTO trademark application form that’s freely available on the USPTO website. You complete the questionnaire and then submit your answers to LegalZoom along with your credit card payment. A non-attorney at LegalZoom then logs onto the USPTO website, retypes your answers into the trademark application form, and submits the application to the USPTO. Sounds pretty great, right?
Garbage In, Garbage Out
Not exactly. I’m sure you’ve heard of the saying, “garbage in, garbage out.” Well, that’s exactly what you get with LegalZoom. Nobody at LegalZoom is checking your answers for accuracy. Nobody is asking you the kinds of questions that will ensure that only accurate and complete information gets entered onto the trademark application form. If you make a mistake filling out LegalZoom’s questionnaire, that mistake is going to end up in your trademark application. If your application matures into a trademark registration, it could be subject to a trademark cancellation on the basis that it contains materially false information. This can lead to very dire consequences.
What If Something Goes Wrong with LegalZoom?
In addition, because LegalZoom isn’t a law firm, it cannot represent you should your trademark application be rejected by the USPTO or challenged by someone during the trademark opposition period. LegalZoom also can’t provide legal representation in the event you’re sued for trademark infringement or need to pursue a lawsuit against someone who’s infringing your trademark.
Morris Just Wants My Business, Right?
Now, I know you’re probably thinking that I just want to scare you away from using LegalZoom so that you’ll hire me as your trademark attorney to prepare and file your trademark application instead. YES, I am absolutely trying to dissuade people from using LegalZoom because of the poor value of its service and the unacceptable risk it poses to the successful registration of your trademark. I also fully admit that you’ll spend more working with an experienced and knowledgeable trademark attorney than you will with LegalZoom. But, this is because I offer you valuable advice, guidance, and consultation. I’ll spend time speaking with you and asking you questions that aren’t on the trademark application form to ensure that I understand your business and have all the information I need to correctly and promptly prepare your trademark application. I want to build a long-term relationship with you and be on your team as your business grows. You can be sure that not a single LegalZoom employee cares about any of that.
Is LegalZoom Legit for My Trademark Application? Other Questions?
So, is LegalZoom legit? I’m experienced US trademark attorney Morris Turek. If you continue to have any questions about why using LegalZoom is often not a wise choice for US trademark registration, please feel free to give me a call at (314) 749-4059. Or, if you prefer, send me an email at email@example.com or reach me through my contact form (below). I look forward to hearing from you soon.
Related Article: Is LegalZoom Good for Performing My Trademark Search?
Related Article: The LegalZoom Trademark Service: “Garbage In, Garbage Out.”