Why Some Choose Online Trademark Services
For some time already, online trademark registration services have been becoming
increasingly popular. At first glance, such online platforms seem to provide answers
to various questions of brand owners:
- How to register a trademark quickly?
- How to file a trademark application without an attorney?
- How to register a trademark cheaply?
Often, you may never even meet your trademark representative before the USPTO. In result, you fill in the forms on the online trademark services websites in minutes, sitting at home, thinking your trademarking process has begun and your brand is protected.
While attractive, these shortcuts can cause lasting consequences and even cost more time and money than a proper filing would have.
Problems with Online Trademark Services
Beyond choosing the wrong classes or filing poorly drafted descriptions, many complications arise from the lack of direct communication with any particular trademark lawyer or attorney. Without such contact, the applicants cannot:
- check attorney’s background and credentials;
- talk to them regarding the best suitable strategy for their specific case;
- ensure the accuracy of the example of use.
In certain cases, applicants are not kept informed of the examination process, being unaware of issued Office Actions that demand timely and well-prepared responses. Failure to address these actions can ultimately result in the trademark application being abandoned and the applicant potentially losing their dedicated time and money. In some instances, the trademark applications can be revived by filing a special petition to the USPTO. It should be noted that such a result is only achievable when all procedural deadlines are strictly met.
You can read more about trademark abandonment here: Don’t Lose Your Trademark: How to Fix an Abandoned Application
It was precisely this type of situation that brought a client to Ortynska Law.
Client Story
Five pending trademark applications, all filed with the help of online trademark services, have received Office Actions from the United States Patent and Trademark Office (USPTO). However, the brand owner was not updated on the course of the examination and the existence of the Office Actions. The online services did not provide any information or respond to the requests, even after the brand owner had discovered that the trademark applications were at risk.
Furthermore, the filer put their email address as the owner’s address, making it almost impossible to manage the application properly or respond to USPTO correspondence. Eventually, the applications have become abandoned.
Trademark attorney Mariya Ortynska and the brand owner have tried to contact the online trademarking platform multiple times in attempts to change the representation before the USPTO. The attempts, however, did not result in a favorable response.
Mariya Ortynska has provided assistance to the client in creating the strategy of necessary steps to transfer control of the applications back. Under Mariya’s guidance, the client has contacted the USPTO with detailed and thorough explanations of the situation multiple times.
After continuous communication, the USPTO has manually changed the data to correct the mistake, allowing for the change of representation and subsequent revival of the trademark applications. The strategy developed by Ortynska Law ensured that the client retained full control over the trademarks going forward.
For a professional who has worked tirelessly for many years to grow their company and ensure all their ideas reach their full potential — a well-deserved reputation and the recognition earned through 20 years of hard work — it was incredibly disappointing to see how fraudulent individuals and companies managed to severely damage our efforts.
When I realized the problem with my trademarks, it was disheartening and frustrating to see that I had wasted time, money, and, even worse, the opportunity to secure the trademarks that represented years of hard work. After researching and analyzing the options, I made initial contact with Mariya. After speaking with her, I was struck by her professionalism and exceptional customer service. She was clear, direct, and honest in her assessments. While I did lose a significant amount of time and money, I saw the light at the end of the tunnel with Mariya’s help, and now we are embarking on new horizons, secure in the knowledge that comes from having the support of a capable, legal, and ethical professional—something that is increasingly rare these days.
Thank you Mariya for your help, and most importantly, thank you for letting me know I can count on highly professional legal advice regarding trademarks and copyright. Thank you so much.
— shares Alexander Martinez, the owner of the brands.
How to Handle a Similar Situation
If your trademark application was filed through the services of online platforms and you experience problems either with the application details or responding to the USPTO requests, it is highly recommended to contact a trademark attorney. They will be able to assist you with your issue by becoming your trademark representative and taking care of the non-substantive or substantive matters that need to be addressed.
Trademark attorney Mariya Ortynska has experience in representing clients in different matters before the USPTO, from minor amendments to the trademark application to providing responses to the Office Actions and handling trademark maintenance.
You can view recent successful cases here:
Successful Response to Trademark Office Action: Overcoming the Likelihood of Confusion
If you received an Office Action and need legal consultation or assistance in responding, book a consultation with Ortynska Law to receive a tailored strategy.
Prior results do not guarantee a similar outcome.