Understanding Trademark Engine
Lately, many individuals have been inquiring, “Is Trademark Engine legit when it comes to filing a trademark application?” Trademark Engine is a service that facilitates trademark registration. However, it’s crucial to note that the company explicitly states on its website that it does not offer legal advice or participate in any legal representation. Their goal is to provide information and software to assist you in the process.
Furthermore, Trademark Engine emphasizes that it is not a law firm and the information on its website does not constitute legal advice. While their customer service representatives are available to help, they cannot provide legal advice. It’s important to understand that general information about the law is different from personalized advice for your specific situation. To obtain legal advice tailored to your circumstances, it is recommended to consult with a qualified lawyer.
Given that Trademark Engine cannot offer legal advice or address your pertinent questions and concerns regarding trademarks and trademark registration, you might be wondering what they do provide.
Trademark Engine Trademark Registration Packages
Trademark Engine currently offers three trademark registration packages. Let’s take a closer look at each package to determine whether Trademark Engine is a reliable option.
Trademark Engine “Basic Package”
The “Basic Package” is the most affordable option, priced at $99. It includes a direct-hit search of the United States Patent and Trademark Office (USPTO) database, preparation and filing of your trademark application, and electronic delivery of your application. However, before considering this package, it’s essential to understand its limitations.
The Direct-Hit Trademark Search
Firstly, conducting a direct-hit trademark search is available for free using the “Basic Word Mark Search” option provided by the USPTO. Paying Trademark Engine $99 for this basic search is unnecessary, especially since they don’t analyze the results or offer an opinion on the eligibility of your trademark for registration. It’s crucial to note that a direct-hit search is not comprehensive and may not detect “confusingly similar” marks that could hinder your trademark’s successful registration. Additionally, there are various categories of trademarks ineligible for registration. Trademark Engine, being a software and not a trademark attorney, cannot provide guidance on whether your trademark falls into one of those categories.
Preparation and Filing of the Trademark Application
Secondly, despite what Trademark Engine claims, they do not prepare your trademark application. Instead, you fill out their online questionnaire, which mirrors the official USPTO trademark application form, and submit it to Trademark Engine to copy your answers onto the USPTO form. Paying $99 to replicate your answers is unnecessary. If you’ve decided against seeking the advice of a trademark attorney, it’s more cost-effective to visit the USPTO website, where you can access and complete the application form for free.
Electronic Delivery of the Trademark Application
Lastly, electronic delivery of your trademark application is standard practice. When you electronically file your application, the USPTO provides a PDF copy for your records. Trademark Engine simply forwards you that PDF copy, which is freely available for download from the USPTO website. If you file your trademark application independently, you’ll receive the same PDF copy within seconds, saving you $99.
Trademark Engine “Standard Package”
The “Stand ard Package” is priced at $149 and includes everything from the Basic Package, along with a customizable cease and desist letter, a template trademark transfer and assignment form, and six months of trademark monitoring. However, these additional features may not be worth the extra expense.
What if Your Trademark Application is Rejected?
If the USPTO rejects your trademark application, the three additional items in this package become worthless. You’ll have paid $50 for no benefit. Even if your trademark is registered, these items still hold little value.
The Customizable Cease and Desist Letter
Cease and desist letters are not one-size-fits-all. Each situation requires an individualized approach. Moreover, it’s crucial to understand the implications and possible consequences of sending such a letter. Unlike Trademark Engine, an experienced trademark attorney can explore these issues and prepare an appropriate cease and desist notice if necessary.
The Trademark Assignment Form
Similarly, a trademark assignment is a significant legal document that requires careful customization to meet the parties’ objectives. Relying on Trademark Engine’s template without legal counsel can lead to potential problems that may go unnoticed until a challenge arises. It is strongly advised to avoid using this potentially risky document.
Six Months of Trademark Monitoring
Investing in trademark monitoring should only be considered if you have the resources to take legal action against potential infringers. Pursuing trademark infringement cases can be financially burdensome and time-consuming. Therefore, the trademark monitoring service offered by Trademark Engine is of little use unless you can afford legal action. It’s crucial to note that this aspect is often neglected by Trademark Engine.
Trademark Engine “Deluxe Package”
The highest-priced package, the “Deluxe Package,” costs $199 and includes everything from the Basic and Standard Packages, as well as one year of trademark monitoring and expedited filing of your trademark application within 24 business hours. However, it’s important to carefully evaluate the necessity of these features.
One Year of Trademark Monitoring
For most small businesses and start-ups with limited resources, trademark monitoring is unnecessary. The costs associated with pursuing potential infringements outweigh the benefits for many. Hence, this service is not recommended unless you have the means to take legal action.
Expedited Filing of Trademark Application
Trademark Engine claims to file your application within 24 business hours. However, this timeframe is relatively standard. Upon receiving all necessary information, many trademark attorneys can prepare and file an application within two days or less. Given that Trademark Engine only needs to transfer your answers from their questionnaire to the USPTO application form, they should be able to file your application promptly. Therefore, it’s essential not to mistake this service for an exceptionally fast filing option.
Is Trademark Engine Legit for Your Trademark Application?
After considering the details of the Trademark Engine trademark registration packages, it’s ultimately up to you to decide if they are a reliable option. If you have further questions or concerns regarding these packages, I, experienced US trademark attorney Morris Turek, am here to assist you. Feel free to reach out to me at my contact details below. I look forward to hearing from you soon.