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Trademark Searches: What you get with us:
-Comprehensive Search of multiple databases that amalgamate data from state and federal trademark registrations, business filings, trade names, fictitious names, domain names, and many other sources;
-Comprehensive Search of common law sources such as name directories, press releases, brand name directories, industry trade databases, telephone directories, search engines and other sources as applicable in your situation;
-Analysis of results from an experienced trademark attorney;
-Detailed report and opinion letter analyzing the data and giving you our best assessment of the legal strength of your proposed mark and the potential likelihood of confusion between your mark and other similar marks, and the potential for you to win any lawsuits or actions at the USPTO;
--Summary of opinions and analysis for quick analysis of results;
--Conference call or meeting with a real attorney to discuss the results and further analyze your potential risks.
What you get with a non-attorney site:
-- a search that can be done by anyone for free or a search of databases with a "phone book" size list of unorganized and unanalyzed or confusing, meaningless results that gives no opinion;
-- no legal analysis and no opinion, making the search results useless and still requiring the assistance of an attorney
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Business Formations: What you get with us:
--All necessary documents including state filings like articles of organization, trade name filings, trademark filings, and fictitious name filings, country filings like vendor's license filings, federal filings like EIN and 8832, and business organization filings like operating agreements, organizational meeting minutes, subscription agreements, regulations, employee agreements, shareholder agreements, by-laws, etc.;
--a complete LEGAL analysis of your proposed business enterprise and LEGAL advice as to the best way to set up the business (e.g. holding companies, subsidiaries, LLC's, Corporations, etc.;
--Statutory agent services and all documents filed on your behalf;
-a closing meeting with a REAL attorney that will provide a checklist of DO's and DON'Ts to ensure that no catastrophic decisions are made and to answer all of your questions and make sure the company is properly formed and filed;
---No peace of mind that you registered or chose a trademark properly or utilized best-practices.
What you get with a non-attorney site:
-- a bunch of simple governmental forms that you could have got for free from your secretary of state's office;
--No legal analysis of your proposed business enterprise, putting you at risk and still requiring the assistance of an attorney;
--Some might give you a book or brochure that contains the same basic information that you can get online at your state's secretary of state's office;
---No peace of mind that you formed your business properly or utilizing best-practices.
How are we different than the "zoom" sites?
There are many websites offering Trademark searches and business formations for a lower price than what most lawyers charge. So why would you want to retain our firm? Think about it!
THEY ARE NOT LAWYERS.
You get what you pay for. Would you let a non-licensed "doctor" perform surgery on you or your family? There are many things that these services are not legally allowed to do as they are not licensed attorneys (although some do them anyway). It seems that many likely cross the line and commit unauthorized practice of law.
Because these non-lawyer sites are not permitted to give legal advice, what you get when you pay for these services is drastically different than what you get when you retain a lawyer.
For example, since they cannot give legal advice, when they form a business for you all they can do is provide forms--the very same forms that you can get for FREE from the state that you live in! So many simply charge you hundreds of dollars to give you a free form and perhaps mail it in for you.
With respect to trademark searches, the "zoom" sites cannot give legal advice. Therefore, their comprehensive "search," which costs hundreds of dollars or more, is a kitchen sink approach that generates a report so thick that it might be the size of a phone book. The results are useless. It takes a highly skilled and experienced law firm to know how to identify search strategies and databases and then provide proper analysis as to what the results mean. In some cases, if you purchase the lower end service, they are simply typing in your proposed trademark in a FREE database on the internet! I have actually seen cases where clients have paid these sites hundreds of dollars and received results that anyone can get for free in minutes! I often do not even charge for these quick searches. However, these quick trademark searches do not tell the whole story and are not nearly enough to allow a business owner to make an informed decision regarding the risks of moving forward with a particular trademark or service mark.
Read about our best-practices due diligence approach to trademarks>
In our opinion, what these "zoom" sites are really doing is a disservice to their customers. You do not need to pay someone to fill out a simple form or type in an internet search that anyone can do for free. In addition, they make a non-lawyer feel comfortable that they have done everything they should be doing, when this is clearly not the case.
When you use one of these non-attorney sites, you are not being advised on the legal issues--the plethora of things that you should do, and perhaps even more importantly, SHOULD NOT DO! That is where we come in. As experienced lawyers, we can assist you in drafting all of the other paperwork (often that is neglected by non-lawyer "corporate formation" zoom sites) that is customized for YOUR SPECIFIC SITUATION OR NEEDS. We will also walk you through the do's and don'ts of your endeavor.
With respect to Trademark searches, you will not only get a comprehensive search based on our legal analysis, but you will get legal advice from a highly experienced an highly trained attorney that knows how to protect your rights. Compare this to what you might get at a non-attorney site: at best a "phone book" full of useless jargon, and at worst, the results of simple search of registered trademarks that can be done by anyone online in minutes, and that is barely scratching the surface as to what needs to be done. See comparison in the left column.
Remember, trademark infringement claims can cost $100,000's of dollars in fees and even over 7 figures in fees and/or damages in the worst cases. In addition, you risk losing what might be your most valuable asset--your branding concepts--your trade names, domain names, logos, slogans, etc. -- and the goodwill associated with it. In addition, improper registration may not protect your rights or allow you to enforce your rights.
Don't Risk Your Rights.... Retain a REAL attorney!
Do the Math! Remember, you get what you pay for.
See comparisons in the left column of us and "them" to the left to see what you get with a real law firm versus what the "zoom" sites provide.
Note: This article is not referring to any one website or company, and speaks only in general terms about the types of services provided by others.
LAW NOTES ARTICLES
BY LEON BASS:
TRADEMARK: Everything You Need to Know about Trademark Protection and Registration" >
COPYRIGHT: "Why You Can't 'Copyright' Your Song If You Have Already Written It!" >
BUSINESS: "Takin' Care of Business: A Band's Basic Business Guide" >
MUSIC DOWNLOADING: "Will You Face The Music? Music Downloading 101" >You may also want to view:
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