One of the largest non-legal filing services in the United States is known to be a company called LegalZoom. In its marketing, LegalZoom boasts to the media that it has registered more than 250,000 trademarks for clients without the help of a lawyer (although recent changes in their marketing suggest that they somehow involve lawyers when clients pay higher fees). I`d like to briefly discuss the state trademark registration search that comes with the basic package and why I don`t. First, I only encourage my clients to register their trademarks with the Trade-marks Office. Federal registration gives you important trademark rights, such as exclusive nationwide rights to your trademark. That is why I am focusing on registration at the federal level. Another important reason for this is that registering the state trademark is a very flawed process. A trademark must be distinctive – you usually can`t register a business called „The Plumbing Parts Store“ because it only describes what you`re selling, it`s not distinctive. There are other tricky rules for trademarks that include your name (usually banned) or geographic location (like „Nashville Tire Store,“ again not good). LegalZoom will not help you choose a trademark that can be registered. That`s what we`re doing. This will save you money in the long run, because if the USPTO denies your application, you won`t be able to try again without paying the full registration fee a second time.

Essentially, when a trademark applicant uses a filing service like LegalZoom, the only thing LegalZoom is supposed to do is provide a document to fill out and not give advice regarding the application itself. Perhaps that`s why LegalZoom`s executives decided not to use their own service to register the company`s trademarks? If LegalZoom believes it provides high-quality trademark filing services, why would it hire a large, reputable international law firm to register its trademarks? Is it possible that LegalZoom values its brand and knows that experienced trademark attorneys are able to look at a company`s long-term goals, know the strengths and weaknesses of trademarks, and pursue a filing strategy that matches all of these factors? Is it possible that LegalZoom feels that its brand value requires the attention of some of the most experienced trademark attorneys in the world? Well, if you want to know if their branded service is legit, the answer is yes. But on the other hand, you have to consider what I`m going to say next. However, a review of LegalZoom`s own trademark applications shows that while the company offers „do-it-yourself“ legal services to its clients, it prefers to hire an experienced trademark attorney to register its own trademarks. If they find one, it`s a red flag indicating that you can`t proceed with the registration of the trademark. This is because it can cause confusion and you can be sued for breaking the law. On the other hand, a trademark attorney would have indicated that your trademark would be rejected. This initial information would save you money to perform a search. LegalZoom cannot provide this. At first glance, a trademark application may look like filling out a government form, which you can do yourself.

In reality, a trademark application involves dozens of legal decisions at each stage, starting before the application is filed. I agree. I did mine, and it`s not difficult. An hour or two of Google search, maybe a Nolo® Press book from the library is all you need. LegalZoom GuaranteeIf your first trademark is declined, we`ll cover our $599 fee for registering another trademark‡ Well, I know you probably think I`m just wanting to discourage you from using LegalZoom so that you hire me as a trademark attorney to prepare and file your trademark application. YES, I absolutely try to discourage people from using LegalZoom because of the low value of its service and the unacceptable risk it poses to the successful registration of your trademark. I also admit that you`ll spend more with an experienced and knowledgeable trademark attorney than you do with LegalZoom. But that`s because I offer you valuable advice, guidance and advice. I spend time talking to you and asking you questions that are not on the trademark application form to make sure I understand your business and have all the information I need to prepare your trademark application correctly and quickly. I want to build a long-term relationship with you and be part of your team as your business grows.

You can rest assured that no LegalZoom employee will care. Take the Delta brand. Delta Dental, Delta Air Lines and Delta Faucet Company coexist because the products are different enough to avoid consumer confusion. In most cases, the USPTO usually requires more information about a trademark before it is protected. In this scenario, you purchase one of the LegalZoom Office Action Response packages or hire a lawyer. They will likely receive a response from the USPTO requesting additional information or pointing out a problem with your trademark application. Unfortunately, LegalZoom`s trademark registration service does not include a response to official acts. Related article: Is LegalZoom Good for Doing My Trademark Search? Our company has published many articles about the legal decisions that a trademark owner must make to register a trademark. Even the U.S. Patent and Trademark Office warns that non-lawyers (e.g., companies like LegalZoom) can`t do this: „Why should I hire you when I can do it through an online service that costs less?“ As trademark attorneys, we face a common question from potential clients: ** A USPTO filing fee of $350 [for Trademark Electronic Application System (TEAS)) or $250 (for TEAS Plus eligible applications) per class will be charged before we file your application.

Recently, I decided to create a YouTube series where I would do and review a LegalZoom trademark search. You can watch Part 1 of this series here. I wanted to show what the research process looks like, what the costs are associated with it, and what you ultimately get for your money. Now that I have completed my research, I would like to share my experience with you. The search, which LegalZoom includes in its basic registration, only searches the USPTO`s database for identical marks that have been registered – not a similar mark that the USPTO could (and will!) use to reject your application. Not only do we search the USPTO database to find identical and similar trademarks using a sophisticated, paid search tool, but we also conduct a broader internet search to find out if another company in a similar field is using the trademark you want to register. In approximately 3-6 months, you will receive a decision from the USPTO as to whether your trademark application has been accepted or rejected. Once you have reviewed the report and given a green signal, the next step is filing and paperwork. You prepare your application and submit it through the USPTO`s e-filing system.

To be clear, many trademark filers have used a trademark registration service (such as LegalZoom) and successfully obtained trademark registrations. However, simply getting a registration doesn`t guarantee that a company is doing enough to avoid legal liability and build a strong brand. As a trademark attorney, I naturally believe that my profession offers more value than a DIY service like LegalZoom or Trademarkia. I understand that new businesses want (and need) to save money. LegalZoom trademark research and other trademark services may seem like attractive alternatives to hiring an attorney. But while LegalZoom may be cheaper in some cases, it may also be a complete waste of money in others. And it never delivers the value you get from working with a real lawyer. Here are my top three takeaways from my LegalZoom trademark search: So LegalZoom really tries to sell you a lot of searches that you don`t need, that sound good on paper.