Why would I need to monitor my trademark? Aren't I protected by filing?
If somebody starts using a mark that is similar to yours, and you don't oppose the filing, your mark becomes diluted in the eyes of the United States Patent and Trademark Office. The longer a similar mark is allowed to exist, the weaker your mark becomes.
Even though trademark registration allows for certain legal protection, it's not a guarantee that others will not try to register a similar mark. Use of a simliar mark by a competitor can decrease the uniqueness of your brand and weaken your market share.
How often do you monitor my mark?
Depending on the package you choose, you can have your mark monitored daily or weekly.
How much money will I save using TrademarkSafeguard™?
Obviously this is a subjective question -- but if it takes 30 seconds to research a trademark on average - and 5,000 trademarks are registered every week -- that comes to 150,000 seconds - or 2,500 minutes - or 41 hours of work per week. That's a full-time job. You can pay somebody $30,000 per year, or you can pay us a little more than a dollar a day to do a more comprehensive job. Not only are we a lot less expensive, but we spend a lot more than 30-human-seconds on each trademark we research for you every day.
What exactly does Pre-emptive (pre-Gazette) monitoring mean?
We are the first trademark monitoring service that doesn't wait for the Gazette to be published to do searches on your mark. Even though you have 30 days from publication in the official gazette, we start monitoring trademarks from the second they are filed and can be found in the USPTO database. We have built an extensive daily-updated database of marks that have been filed. By monitoring pre-emptively, you get notified up to a year sooner than other trademark monitoring services. This gives you a head start -- and a large advantage -- over the conflicting trademarks.
Can't I just monitor the Internet for similar marks myself?
Over 5,000 marks are filed each and every week. Doing this by hand would take several hours of work each and every day. We have developed an automated system to do this quickly and efficiently and in a manner that lets you concentrate on excelling in your business -- not watching your brand. Consider how many hours it would take to effectively watch your brand -- we are positive that your hourly rate is higher than our fees.
Do you just search the class that my mark resides in?
No. We search the class that your trademark resides in, and all other classes. We do not charge extra surcharges for outside classes to be searched -- most law firms will charge you extra for this. Since we have developed an automated system for trademark monitoring, we are happy to share our economies of scale with you. Pricing is economical, and you will never find hidden fees.
How much time do we have to oppose a mark that is confusingly similar to ours?
You have 30 days from publication in the Official Gazette. It takes over a year for filings to reach the Gazette -- we will inform you within 24 hours (if you choose daily monitoring) of a filed trademark. Most monitoring firms monitor the gazette only. Therefore TrademarkSafeguard is close to a year faster than other monitoring services. You will have even more time to oppose the conflicting mark, and you will be better prepared. By opposing a mark in its application stage, you greatly reduce the costs and complexity normally associated with the opposition of a fully registered mark. It is in your best interest to learn about a conflict as soon as possible -- and definitely within 24 hours of filing.
Are we locked into a long-term contract?
Not at all. The subscription renews automatically, and you can modify your renewal options at any time.
Will you sell our information?
We hold our clients data with the utmost confidentiality. Under no circumstances will we sell or rent your information to any outside agency. Our servers are locked down behind a firewall -- and only authorized personnel are allowed into the server room.
What is Approximate Matching?
Words that differ from your trademark by 2-3 characters will be reported to you. For Example: Trademark and Trademarke will match
Trademark and Trade Mark will match
Trademark and TrademarkA will match
What is Phonetic Matching?
Words that share the same phonemes will match. A phoneme is a sound in the English dictionary. For Example: Trademark and Traydemark will match
Safeguard and Sapheguard will match
Safeguard and Saifeguard will match
What is Custom Matching?
Give us any language expression and we can match on it. Just explain it to us, and we can match on it. For Example:Mc[ANY] will match McJon, McTrademark, and McWhatever
G[one or more o's]GLE will match Google, Goooooogle, and even Goooooooooooooooooooooogle -- one or more o's int he middle of 'G' and 'GLE' will match.
What is Class Weighting?
We don't restrict our monitoring to just the class that you are registered in -- but we understand that some classes are more important to your mark than others. List those classes for us -- and we will make sure that our search engine processes requests in a more sensitive manner in those classes. Some matches that normally wouldn't come up -- will definitely match in those classes. You can list as many classes as you would like.
What type of support do you offer?
We are available by email Monday through Friday from 9am to 6pm EST. You can email us and get a response within 24 hours during these times. We do not offer phone support in order to keep costs low for our customers. We are very responsive by email, and if things aren't getting done quickly enough by email, we will call you at a number you provide. Just visit our Support Page for more info or email [email protected].
What type of reports will I have access to?
You will be able to view all your past matches online in your own member area. You will have access to matches on all marks that you have in the system -- and you can change parameters on those marks. You will also be able to download match information to Microsoft Excel spreadsheets.
You will also be able to generate a letter of opposition for both trademarks and domain names directly from our member section.
Matches that come up as critically relevant will be emailed to you immediately upon discovery. You will receive a report on how the match was found, what the trademark is, and a link to the match in your member section, where you can generate a letter of opposition immediately.
Additionally, we are always improving our member interface. If you would like to suggest a feature, please do so from our Support Page
What if I have more than one mark to monitor?
Our member interface can support any number of marks. Please contact us for bulk pricing if you have more than 10 marks to monitor.
How long does it take to sign up?
In less than a few minutes you can be set up for the next search cycle. Just visit our join page and see for yourself!
What is your refund policy?
We hope you'll find our service useful and are confident you'll be satisfied with it. However, if for any reason you decide within 30 days of signing up that you do not want the service, we'll issue you a full refund.