Morris Turek's Trademark Attorney Blog

Is Trademark Engine Legit for Filing My Trademark Application?

Trademark Engine Legit

What is Trademark Engine?

Recently, many people have been asking me the following question: “Is Trademark Engine legit when it comes to filing a trademark application?”  Trademark Engine is a trademark registration service that can be best summed up by its very own language located on the bottom of its website:

Trademark Engine provides information and software only. Trademark Engine is not a “lawyer referral service” and does not provide legal advice or participate in any legal representation.

Furthermore, Trademark Engine sets forth the following disclaimer on its website:

Trademark Engine is not a law firm and none of the information on this website constitutes or is intended to convey legal advice.  Likewise, our customer service representatives are here to assist you, but they may not provide any legal advice to you.  General information about the law is not the same as advice about the application of the law in a particular factual or legal situation.  Individual facts and circumstances as well as legal principles including but not limited to the ones referenced on this website can affect the outcome of any given situation.  Trademark Engine cannot and does not guarantee that an application will be approved by the USPTO, that a mark will be protected from infringement under common US trademark law, or that any ensuing litigation or dispute will lead to a favorable outcome.  If you want or have an interest in obtaining legal advice with respect to a specific situation or set of circumstances, you should consult with the lawyer of your choice.

Now that you know Trademark Engine isn’t a law firm and can’t provide you with any valuable legal advice, guidance, or recommendations, never mind address the many important questions and concerns you likely have regarding trademarks and trademark registration, you may be wondering what Trademark Engine does have to offer.

Read moreIs Trademark Engine Legit for Filing My Trademark Application?

Likelihood of Confusion – What Does It Mean in Trademark Law?

Have you received a trademark office action indicating that your trademark application has been rejected because of a likelihood of confusion with another trademark?  In other words, has the trademark examining attorney found your mark to be “confusingly similar” to another mark?  Under Section 2(d) of the Trademark Act, the Trademark Office is obligated to refuse registration of your trademark if it’s likely to cause confusion with a mark in an existing registration.  Of course, what’s considered “confusingly similar” can be very subjective indeed.  For example, if you want to register ABC for clothing and somebody already owns a federal registration for ABC for electric generators, the Trademark Office will probably not reject your application since clothing and electric generators aren’t products that would generally be perceived as being similar, related, or emanating from the same source.  But, what about ABC for clothing and ABC for watches?  In that instance, would there be a likelihood of confusion?

Read moreLikelihood of Confusion – What Does It Mean in Trademark Law?

How Much Does a Trademark Cost? – The Concept of “Relevant Costs”

So, how much does a trademark cost?  If you’ve read my article titled “How Much is a Trademark? – Understanding the Relationship Between Cost, Risk, and Value,” you know I recommend performing a careful cost-benefit analysis before choosing a company or law firm to help you acquire a United States trademark registration.  After all, cost is often a major concern for many individuals, businesses, and organizations seeking to register a trademark.  That said, I’d like to address the related concept of “relevant costs” and show you how these costs factor into your efforts to acquire federal trademark protection for your particular name, logo, or slogan.

Read moreHow Much Does a Trademark Cost? – The Concept of “Relevant Costs”

How Much is a Trademark? – Understanding the Relationship Between Cost, Risk, and Value

Are you asking yourself, “How much is a trademark?”  If you found this article because you’re curious about the cost of obtaining a United States trademark registration, you’ve landed in the right place.  As a trademark attorney, I work with individuals just like you every day.  I know that cost can be a genuine concern, especially for people venturing into the trademark registration process for the first time.

However, it’s important to recognize that cost should only be one part of your purchasing decision.  In addition to cost, you must also consider both risk and value in order to make a proper and informed assessment.  So let’s do a quick overview of these three concepts and then see how they relate to your upcoming trademark decision.

Read moreHow Much is a Trademark? – Understanding the Relationship Between Cost, Risk, and Value

LegalZoom Trademark Reviews – Should You Trust LegalZoom for Your Trademark?

Are you looking to acquire a United States trademark registration?  Possibly for a name or logo that will help consumers easily identify and distinguish your products and services from those offered by your competitors?  Or maybe you want to apply to register a catchy slogan that could help boost your prominence in a competitive marketplace?  If owning a trademark registration is your goal, you’ve likely researched your options for obtaining one.  And chances are good you’ve come across LegalZoom and wondered whether it provides a worthwhile trademark service.

Well, fortunately for you, there are many people who’ve already used LegalZoom to file a trademark application.  So, you can easily search online for LegalZoom trademark reviews and read about their experiences.  These LegalZoom trademark reviews allow you to gain insight into how your own LegalZoom experience may turn out before you risk a single dime.

Read moreLegalZoom Trademark Reviews – Should You Trust LegalZoom for Your Trademark?

Benefits of USPTO Trademark Registration – A Quick Summary

Trademark are extremely valuable forms of intellectual property and even more important business assets.  Trademark owners must establish their legal right to their marks in order to properly safeguard them from possible infringement.  To obtain the maximum protection available under the law, trademark owners should strongly consider obtaining a USPTO trademark registration issued by the United States Patent and Trademark Office (“USPTO”).

What are the Benefits of USPTO Trademark Registration?

Below are the main benefits of registering your trademark with the USPTO:

  • A Certificate of Registration issued by the USPTO is prima facie evidence of (1) the validity of the registered trademark, (2) ownership of the registered trademark, and (3) the nationwide exclusive right to use the registered trademark in commerce in connection with the goods/services listed in the Certificate of Registration.  This is invaluable should you ever have to pursue or defend a trademark infringement lawsuit.

Read moreBenefits of USPTO Trademark Registration – A Quick Summary

What is the ® Registered Trademark Symbol and Should I Use It?

In the world of commerce, the ® registered trademark symbol (known as the “Circle R”) conveys a very important meaning.  The registered trademark symbol signifies that a trademark or service mark has been federally registered with the United States Patent and Trademark Office (“USPTO”).  It’s regularly used by owners of registered trademarks to put the world on actual notice of their federal trademark rights and to deter others who may be considering adopting an identical or confusingly similar mark.

As a side note, just because you see the registered trademark symbol next to a trademark, don’t assume that the mark is actually federally registered.  It’s very possible that the registration may have been cancelled, the mark was never registered to begin with, or the mark is merely the subject of a pending trademark application that has not yet matured into a registration.  So, if you ever want to know for sure whether a particular trademark is registered, you’ll have to conduct a thorough and comprehensive federal trademark search.

Read moreWhat is the ® Registered Trademark Symbol and Should I Use It?

What is the “TM” Trademark Symbol and When May I Use It?

You’ve likely seen the “TM” trademark symbol used in combination with various trademarks.  The “TM” trademark symbol is widely utilized by individuals, businesses, and organizations to alert the public of their claim of ownership in a particular mark.  Of course, using a “TM” doesn’t necessarily mean that the user of the mark actually owns any common law or federal trademark rights whatsoever.  For example, if I was to start selling soda under the name “COCA-COLA,” I’d be a dirty little infringer since I clearly cannot obtain any trademark rights in the famous COCA-COLA name.

Once a trademark is registered with the United States Patent and Trademark Office (“USPTO”), the owner of the trademark may use the “®” registered trademark symbol in place of the “TM” in order to provide notice to the world that the trademark is federally registered.

Read moreWhat is the “TM” Trademark Symbol and When May I Use It?

Trademark Search – How to Save Time, Money, and Aggravation

Whether you’re preparing to start a new business, or are currently operating a business, you’ve likely created a distinctive name, logo, and/or tagline to represent your company and your products/services.  This unique designation – known as your trademark – differentiates you from your competition and helps establish your reputation in the marketplace.

Your trademarks symbolize and encompass your identity, as well as the qualities and characteristics of your offerings.  You’re going to use your primary trademarks in all of your marketing and branding efforts, including on your website, social media profiles, printed advertisements, signage, and perhaps even on product packaging.  Your ultimate goal is to build positive brand awareness, and your trademarks are the vehicles that allow you to do this.

Read moreTrademark Search – How to Save Time, Money, and Aggravation

Trademark Application – The First Step in Obtaining a US Trademark Registration

If you’re going to engage in a commercial enterprise, you’ll likely spend a great deal of time, money, and resources creating and developing your unique brands (i.e. your trademarks).  After all, your unique brands are what allow you to build consumer loyalty and, in turn, grow and prosper.

Your brands are some of the most valuable assets you’ll ever own because they embody your reputation and symbolize the goodwill your business has with the purchasing public.  And because they’re so valuable, they need to be protected against competitors who may try to imitate or disparage them.  As such, if you haven’t yet sought protection for your brands by filing a trademark application with the United States Patent and Trademark Office (“USPTO”), then I strongly encourage you to consider doing so.

Read moreTrademark Application – The First Step in Obtaining a US Trademark Registration