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Frequently
Asked Questions
Is
This An Attorney Operated Service? - top
Yes. Digital Trademarks
is a service of the law firm of Marcus Stephen Harris,
a Chicago law firm concentrating in trademark law, general corporate
and business law and technology law. A trademark attorney will handle
all of your trademark registration matters, not a paralegal, or law
clerk. As attorneys, we are accountable to our state bar association
and are committed to maintaining the highest standards of professionalism
and service.
What's
the difference between using Digital Trademarks and using my own attorney
or a traditional law firm? - top
The biggest difference
is cost. Most attorneys charge on an hourly basis with fees ranging
anywhere from $150 to $400 an hour. Additionally, trademark law is a
unique specialty. Unless your attorney concentrates in trademark law,
you may be paying him or her to learn this area of the law at your expense.
Do
I have to pay for the search and registration all at once or can I pay
"as I go?" - top
Our payment system
is designed to allow you to pay step by step. For example, you can pay
for a search first and if the search reveals no serious roadblocks to
registration, you can then pay for our registration service.
Can
you guarantee my trademark will be registered? -
top
No. No attorney
can make this type of guarantee. Registrations are granted only after
review by the PTO on a case-by-case basis. During the application process,
the PTO may issue office actions requiring certain amendments or revisions
to the application before it may be registered. Failure to overcome
these office actions can result in your application being rejected.
Additionally, conducting a comprehensive trademark search improves the
likelihood that your application will be successful; however, it is
possible that someone may have superior rights to the trademark you
are applying for even after a search is conducted. That said, we believe
that using our service will greatly streamline the application process.
What
types of companies use Digital Trademarks? -
top
Any company that
does not want to pay high hourly fees uses our services. We represent
a variety of companies both in the United States and abroad. Our clients
range from individuals and small start up companies to large corporations.
Do
I Really Need An Attorney to File A Trademark Application? -
top
No. You do not need
an attorney to file your trademark application any more than you would
need an attorney to represent you in court. While the trademark registration
process may seem simple, satisfying the numerous requirements of the
trademark statute and the PTO is not easy. A trademark is often a company's
most valuable asset. Paying a few hundred dollars to have someone experienced
in the area draft your application so as to help avoid the cancellation
of the mark or the likelihood of a lawsuit, just makes sense. The PTO
hires attorneys to review your application; it makes sense to hire an
attorney to prepare your application.
What
About Those Non Attorney Services on the Internet? -
top
Most of these services
simply fill out pre-printed PTO forms for you and have you mail them
to the PTO yourself. These forms are designed for the PTO's convenience
not the protection of your rights. Not every trademark application is
suited to a pre-printed form. Additionally, the searches these services
perform are questionable. It is not possible to perform a quality up
to date trademark search for the exceedingly low prices these services
charge. These services cannot offer legal advice and simply do not have
the education or in depth knowledge of trademark law needed to interpret
trademark search results or draft an application so as to give you the
broadest possible protection.
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