In Part 1 of my Trademarkia review, I attempted to uncover the truth about Trademarkia, using its very own words, claims and explanations. I explored what Trademarkia professes to be (an online search engine) as well as what Trademarkia declares itself not to be (a provider of legal advice and services). I also tried to decipher the confusing relationship between Trademarkia (a/k/a Legalforce) and its behind-the-scenes founder/administrator – the law firm of Raj Abhyanker, PC.
By the way, in case you missed Part 1, you can read it by clicking the following link: Is Trademarkia a Scam?. I actually encourage you to read it before continuing with the rest of this article.
Another Disturbing Truth about Trademarkia (a/k/a LegalForce)
Okay, now that you’ve had a chance to read Part 1 of my Trademarkia review, we’re ready to take a deeper look into what Trademarkia’s trademark search services actually entail. As you know, a trademark search is an important first step for anyone wishing to use or register a particular trademark. Individuals, businesses, and organizations need to know whether their desired trademark infringes the intellectual property rights owned by someone else. Needless to say, a comprehensive search of existing marks is vital to the trademark registration process. That said, let’s examine each of the three trademark search options offered by Trademarkia, starting with its basic search.
The Basic Search
Trademarkia’s basic search is very basic indeed. Users simply type in the name, phrase, or slogan they are interested in registering. Trademarkia then returns a list of results essentially consisting of trademark information reproduced straight from the records of the United States Patent and Trademark Office (“USPTO”). This list of results frequently comprises hundreds (if not thousands) of trademarks depending on how common the words being searched are.
To illustrate this point, let’s pick an unusual term…like “mongoose.” Even though most of us would not expect a substantial amount of competition for a word as seemingly obscure as “mongoose,” a trademark search of this term using Trademarkia will produce over a hundred results. Now, will most people have the patience and motivation to methodically review each of these results? Will most people understand all of the data that accompanies each result? More importantly, will most people be able to interpret and understand the legal significance of this data?
The sad truth is that the average person will not be able to make heads or tails of the Trademarkia search results, and Trademarkia itself will be of no help because the basic search offers no legal opinion or formal report regarding the availability of the trademark for use and federal registration. Truth be told, this do-it-yourself search is essentially useless to anyone serious about registering a trademark. Yes, this free basic search might attract a lot of visitors to Trademarkia’s website. But these visitors are now scratching their noggins because they can’t effectively interpret Trademarkia’s search results. Of course, this is very good for Trademarkia because now these users have been cleverly primed for an upsell to the next level of search service offered by Trademarkia.
The Standard Trademark Search Package
The next search in the Trademarkia tier is called the “Standard Trademark Search Package.” Again, users type in the name, phrase, or slogan they are interested in registering. Trademarkia then performs its own trademark search and provides the user with an actual trademark search report. This report contains a conglomeration of facts, figures, dates, and legal references that purports to inform the user about any marks that are identical or confusingly similar to the one the user was hoping to register.
However, Trademarkia’s search report does NOT appear to include a legal opinion from a licensed trademark attorney. Instead, it appears to be very similar to the report one might obtain from another DIY website – LegalZoom. Unless you just happen to be an experienced trademark attorney, the facts and figures provided in Trademarkia’s search report will likely be worthless to you. But wait, Trademarkia offers an even higher rung for you on the upsell ladder.
The Professional Trademark Search Package
Like the other Trademarkia searches, this higher-priced package includes a search of the USPTO records. In addition, it includes a common law trademark search, which is a search of trademarks that may be in use but are not federally registered. And yet, even with this higher-priced package, the USPTO search still does NOT come with a legal opinion (although the common law trademark search does).
This is completely illogical. Almost anyone who is thinking about conducting a trademark search wants to know whether their desired mark is eligible for registration. An opinion based on the USPTO search is what most people would be seeking. So what’s with Trademarkia’s reluctance to offer an opinion on the USPTO search? Well, let me toss out a theory. Could it be that Trademarkia does not issue this kind of opinion because it does not want to dissuade people from filing trademark applications through its service?
After all, if Trademarkia issues an opinion of the USPTO search which states that a particular mark is unavailable for registration, then that is one less trademark application for Trademarkia and less dollars sitting in Trademarkia’s pocket. Conversely, common law trademarks will not block the federal registration of a trademark because the USPTO does not consider common law marks when determining whether a particular mark is entitled to registration. So, even an unfavorable opinion based on the common law trademark search would not necessarily stop someone from applying to register their mark through Trademarkia. It is also important to note that there are many categories of trademarks that are ineligible for registration under any circumstances. Not surprisingly, Trademarkia isn’t going to tell you whether your mark falls into one of those categories or not.
Avoiding Trademarkia’s Grand Illusion
Personally, I’m not a big fan of deceptive or confusing business practices. When I sense someone is trying to impose a misleading impression of reality, or withholding important facts, I avoid them like the plague. I’m also not a big fan of upselling. I’d rather have ALL my options clearly explained to me upfront, so I know what I am getting before I make any commitments.
Maybe you’re similar to me in these regards. You don’t have time to waste on illusions. You want facts…and you want results. That said, here are five important ways my trademark law practice is different from Trademarkia:
1. I provide a FREE telephone consultation to learn about your unique needs and to educate you about the trademark process BEFORE you pay a single dime. Plus, you will deal directly with me, an experienced and licensed trademark attorney.
2. You will be given ALL of your options and provided with a FLAT-FEE quote for trademark search and trademark registration services. There is absolutely no obligation, pressure, or upselling.
3. As your attorney, I will provide you with ALL of the facts and education you need to make informed decisions…including my LEGAL OPINION and ADVICE.
4. I will ensure that everything we discuss will be communicated confidentially and in a manner that is CRYSTAL CLEAR. There will be no games, surprises, or confusing jargon.
5. You will always receive PROFESSIONAL and PERSONALIZED SERVICE from me, whether it be for conducting a trademark search, preparing your trademark application, or resolving a trademark dispute.
Why waste your time, effort, and money on trademark searches that essentially lead to nowhere? If you want REAL trademark assistance from a trademark attorney, performed correctly and promptly from the start, please give me a call at (314) 749-4059. I look forward to speaking with you.
Please click the following link to read Part 3 of my Trademarkia review: The Trademarkia Trademark Application
Related Article: The Perils of Using Trademarkia and/or LegalZoom