Summary: OLD RELIABLE

This provides basic coverage for a successful mark. It includes review of a fifty-state search for use of the mark you would like to register, a review of your application for clear errors, the filing of your application, and up to five hours of attorney time toward a response to any kind of trademark rejection.

Consider Instead:

The Hammer further limits risk and is administratively simpler for you. It includes a 10% discount on all attorney time related to the mark, monthly trademark monitoring for one year, cease and desist letters for one year, additional attorney time to either deal with a rejection or apply for a new mark, and the first thousand dollars in fees and costs will be covered by MARKleap.

OLD RELIABLE features
  • Attorney Review
    An attorney will review the information you provide for clear errors.
    The attorney will review your case with a special eye for problems that might prevent the government from issuing your mark.
  • 15-Mark Knockout Search
    An attorney will search up to fifteen marks against the USPTO Database for direct conflicts. This will show companies which have registered an identical mark. For the mark you select, the attorney will also attempt to search for confusingly similar marks, and may suggest disclaimers that increase the chance of having your trademark issue.
    However, a particular trademark examiner may have different views on what marks are confusingly similar, which may prevent a mark from issuing.
  • Fifty-State Search
    Attorney will order and analyze the results from a fifty-state search from a mid-tier search provider. This will usually reveal, for example, whether trademarks or businesses have been registered in any of the fifty states that may prevent the mark from being issued or result in other companies having superior rights in the mark. In the event if litigation, showing a clean search history helps show that you adopted the mark in good faith. Good Faith is a defense to trademark infringement and can easily change to result if you are sued by someone else who is already using the mark that without your knowledge.
    A fifty-state search will not necessarily discover every use of the corresponding mark, however, a clean search substantially increases the chance that your mark is not in use in the United States and that you will not have to change your mark after applying to the trademark office.
  • Trademark Application Submitted
    An attorney will use the information you provide to submit a Trademark Application on your behalf.
  • Up to five attorney hours toward any Trademark rejection.
    If your application is rejected by the USPTO for any reason and there may be a way to overcome the rejection, an attorney will spend up to five hours working to prepare and submit a response on your behalf.
    More than five hours will be required to overcome some rejections, some rejections cannot be overcome, and we will not under any circumstances make arguments to the Trademark Office that are in bad faith. We believe this package increases your chances of getting a trademark issued by about 37%. Because many trademarks are rejected, the chance of failure is still about forty-five percent.