The Trademark Company, PLLC
San Francisco, CA
Map
Phone: (800) 906-8626 | Fax: (270) 477-4574
http://www.thetrademarkcompany.com
Changing the Practice of Law One Client at a Time
Legal Topic
Intellectual Property (IP)
Sub-Topics
Copyright
International Intellectual Property (IP)
Technology Licensing
Trade Dress
Trade Secrets
Trademark
Number of Attorneys
20
State Licensed In
Virginia and the District of Columbia, although our trademark practice is global.
Firm Focus
The Trademark Company provides the most comprehensive suite of trademark services available online. From Trademark Research to the Enforcement of Your Mark(s), our company will protect your business and brand identity.
Our company is comprised of an experienced team of professionals. We work with our clients to help develop their name, logo, or brand presence and ensure it is secure and stays that way. From international and federal trademark filing registration to litigation services, we are there for our clients every step of the way.
When you register and file a trademark with us, we guarantee that every loose end is tied up. Our team has many years of experience working with both federal and international applications. After we have searched the necessary databases to ensure your mark is indeed authentic and no infringement complications exist, we will help you submit your mark for approval. We even offer a convenient online application for trademark registration submission.
The Trademark Company has put together several packages to meet our clients' individual needs. Please explore our website to find the services package that is right for you. Allow our years of expertise to benefit you as we help you make your unique mark permanent.
Firm History
Our History
The concept for The Trademark Company was born in 2000 while its founder, Matthew H. Swyers, was a trademark examining attorney for the United States Patent and Trademark Office ("USPTO").
While at the USPTO, Mr. Swyers routinely witnessed individuals and small to mid-sized businesses in need of legal assistance but without the ability to afford traditional law firm representation.
Law firm business as usual had to change.
In 2001 he assembled a team with one simple goal in mind: Build a Better Customer-Focused Firm with Affordable Trademark Representation for All.
After two years of planning, refining the concepts, and creating the model and ideals which would guide our business in 2003 we launched The Trademark Company. On that Fall day we opened our doors with just seven customers.
Years later, as word has spread about the quality and value of our services, we proudly now represent thousands of individuals and businesses on six of seven continents of the world.
Has our concept worked? We like to think that it has. But don't take our word for it. Click here to read what our customers have to say about us.
Why Choose The Trademark Company?
Value
Many of our customers stress the value of our services. In short, keeping with our founding principles we provide the highest level of trademark services at the most affordable rates in the industry.
We could charge more for our services. We could have gilded offices in a major metropolitan area. Why? So we can pass these costs onto our customers? That would violate our founding tenets. We keep our costs low so that we can pass the savings along to our clients.
Quality & Experience
But value without quality is of no value at all. That's why every new employee at The Trademark Company attends our Trademark University. Our Trademark University is an intensive training program developed to mirror the USPTO's training of its trademark examining attorneys. Only after they have completed their training and passed a rigorous training examination can an employee at The Trademark Company receive the title of Research & Applications Manager.
It is this rigorous training which leads to the high quality of the services we provide. A high quality that others may try to copy, but they cannot.
We handle thousands of research reports, applications to register marks, refusals to register marks, as well as litigation matters each year. Our quality and experience in these matters equates to faster processing of our customer's trademarks, higher registration percentages, as well as the ability to successfully defend or enforce our clients' trademarks as needed.
But the quality of our service is not limited to our technical knowledge. Ultimately, it is also our people who make the difference. For if our technical knowledge cannot be relayed to our customer of what true value is it?
Personal Service & Answers to Your Questions
Ultimately, we pride ourselves on our customer service. Our Research & Applications Managers are the most knowledgeable in the industry. Unlike other services which either will not answer your questions or simply do not know enough to answer your inquires, we do and will. We want our customers and prospective customers to be 100% satisfied 100% of the time.
We routinely provide guidance on topics ranging from general trademark principles to more complex questions of which trademarks our customers should file for and beyond. If it can be answered, our Research & Applications managers will answer it.
One other aspect about our services our clients love is the fact that they receive a personal point of contact at The Trademark Company who is responsible for guiding their trademark(s) all the way through the registration process.
Once you become a customer of The Trademark Company you never dial into a phone queue only to have an operator check a computer screen to see the status of your matter(s). At The Trademark Company a Research & Applications Manager is assigned to your account. You get a name, a direct phone extension, and a specific email address. When you have questions about your matters, you call a person - not a system.
So why choose The Trademark Company? Unparallel Value, Quality, and Personal Service relentlessly driven by our founding principle: To Become the Greatest Customer-Focused Firm with Affordable Trademark Representation for All.
But words without results are just that - words. So don't take our word for it. Come and experience The Trademark Company difference yourself. You'll be glad you did.
Activities and Awards
We are rated as a Top 20 U.S. Trademark Filer by The Trademark Insider and The Trademark Company is rated as an A+ business by the Better Business Bureau.
Example Cases
- Ameriquest Mortgage Co. vs. AmeriFirst Home Improvement. Represented AmeriFirst Home Improvement in the defense of a trademark infringement case before the U.S. District Court in Los Angeles. After full discovery of the case, convinced Ameriquest to dismiss the case with no damages and no remedy against our client.
- Belgium's Best vs. Belgium's Best Chocolates. Successfully prosecuted a domain name dispute for Belgium's Best to secure BelgiumsBestChocolates.com from Belgium's Best Chocolates.
- Gecko Trading Company vs. Gecko's Toes. Successfully defended an Opposition Proceeding before the Trademark Trial and Appeal Board resulting in the registration of our client's mark despite the opposition thereto by the Gecko Trading Company.
- Good Health Naturally vs. National Enzyme Company. Garnered the consent to register our client's marks under threat of cancellation of the defendant's marks.
- Hormel Foods vs. SPAMfighter. In a famous recent trademark case Hormel attempted to stop our client's use of the term SPAM in connection with spam-fighting software. We were able to resolve the case prior to trial permitting our client's mark to register despite Hormel's initial objection
- In re POWERPLUS. Successfully argued through our client's mark to register despite a strong refusal for an identical mark and nearly identical goods.
What is your firm's point of view regarding clients educating themselves on legal issues?
We love it. The ability for people in today's society to easily conduct research on their own is one of the great benefits of the internet. It is one of the reasons we have published so many self-help articles in our area of expertise. A well-informed client is a more knowledgeable client. From this flows a greater understanding of what we do and how we can assist them in the protection of their trademarks.
Are your attorneys willing to review documents prepared by clients?
Ready, willing, and able.
Are your attorneys willing to coach clients who want to represent themselves?
Willing, but taken with a large grain of salt. We will always help where we can. But clients should always be cautious about representing themselves in such matters.
Are your attorneys willing to help a client with one discrete part of a case, without taking on the whole case?
We do it all of the time.
What are your policies about dividing work among the firm's partners, associates, and paralegals to make the process most cost-effective for the client?
We've systemized everything to maximize our ability to bring the best quality of legal services to our clients at the most affordable rates.
How frequently does your firm use mediation, arbitration, or collaborative law to resolve cases?
We use some form or another in about 90% of our litigation cases.
Does your firm provide pro bono legal services or otherwise participate in your community?
Absolutely.
What distinguishes your law firm from others?
Having tried over 300 cases it is difficult to intimidate us with the "threat of trial or litigation." Most trademark lawyers have never seen the inside of a courtroom and candidly would not know how to put a case on before a jury or otherwise. So with that experience in hand, we are much more savvy about the process, the threat of litigation, and how to advise but also be a calming influence to our clients during the whole process.
But that really only speaks to litigation. What we really are passionate about is helping people grow and protect their marks. Throughout the years as we have built this business from a small operation to, well, a much larger one, we have learned a few things about not only helping people with their trademarks, but giving them general business advice as well.
For instance, on a recent call with a client in Florida after we finished our discussions on their company's trademark needs, we got on the topic of Search Engine Optimization, or SEO. We did not bill him for this. We did not charge for the call. It was just two people taking about business development and how to best get your name out there in the marketplace using the greatest marketing marvel every invented - the internet.
And that's what our prospective clients should know about us. We want you to succeed. We want you to grow your business. But our experience with building one ourselves makes us a better firm because we are not only interested in protecting your marks, but also fascinated with and inspired to help our clients with every aspect of building their dreams.
Fax
(270) 477-4574
Office Hours
Monday through Friday
9:00 a.m. to 5:00 p.m. EST
Emergency After Hours
Yes
Fixed-Price Services and Fees
This is why we are so innovative. This is why our customers love us. Gone are the days of the bill-by-the-hour nerve-racking opening your monthly law firm bill experiences. We have systemized everything, and we mean everything. What does this mean for you? In a word: flat-fee structures for almost every service we provide.
Our flat-fee structures give our clients greater control over their legal expenses while inspiring us to work as efficiently as possible.
Everything from basic Trademark Research and Trademark Registration(s), to complex Trademark Trial and Appeal Board Litigation, has been distilled down to a flat-fee structure.
For instance, we offer the following trademark protection services as listed below:
The Basic Federal Database Search ($95) includes search of:
• Federal Trademark Database
• Direct matches
• Near matches and similar marks
• Phonetic equivalents
• Translation (foreign language) equivalents
• Notice of existing Registered Marks that could Block the Registration of Your Mark
The Comprehensive U.S. Trademark Search ($299) includes:
• Basic Federal Trademark search plus:
• Comprehensive State Database search (all 50 states)
• Common Law Database of National Corporate Filings
• Internet Domain Name Databases (.com / .net / .org)
The Comprehensive U.S. & International Trademark Search ($499) includes:
• Comprehensive U.S. Trademark search plus:
• World Intellectual Property Organization (WIPO) search
• Canadian Federal Database search
• European Community Database search
• German Federal Database search
• France Federal Database search
• Search of the International Register
Our Standard Package for U.S. Federal Trademark Registration ($149*) includes:
• Preliminary Direct Hit Search of pending and registered trademarks
• Our Money Back Guarantee if your mark is already taken
• Federal trademark application prepared by a specialized attorney
• Application electronically filed with the USPTO within one business day
• Review of all information submitted to ensure that it is complete and error-free before submission
• Status reports regarding progress of your registration
• Two years of included monitoring
• Responses to Procedural Refusals issued by the USPTO
Our Platinum Package for U.S. Federal Trademark Registration ($449*) includes everything in our Standard Package plus:
• A Comprehensive U.S. Trademark Search of pending and registered trademarks
• Application electronically filed with the USPTO within one (1) to three (3) business days
• Three years of included monitoring (as opposed to two) included with the Standard Package)
• Mark pre-cleared for registration backed by our Money Back Guarantee
• Responses to Substantive Refusals as well as Procedural Refusals issued by the USPTO at the examination level
Our International Package for Foreign Trademark Registrations ($299*) includes:
• International trademark application prepared by a specialized attorney
• Application electronically filed with the appropriate international office within one business day
• Review of all information submitted to ensure that it is complete and error-free before submission
• Status reports regarding progress of your registration
• Responses to Procedural Refusals issued by the foreign trademark office
In addition to the above services, we are also pleased to offer our industry-first Pay-Per-Service Litigation Services which, as far as we are aware, for the first time offers clients the ability to purchase litigation services on an a la carte basis. It is a service which is only possible given our significant experience in the industry. Moreover, it offers clients greater control over both their cases as well as the expenses incurred therein. It is truly innovative and will reduce the cost of litigation by 50% to 75% off of traditional prices.
Hourly Rates
$225 per hour if retained. But with our flat-fee services above we have relatively few matters for which we provide services on an hourly basis anymore.
Free Initial Consultation?
Yes and we generally do not place time limits on the free initial consultation. We want to make sure our customers have all of their questions answered and processes understood before they make their decision.
Typical Retainer
Yes and no. We have our old standard retainer agreements but the amount requested on retainer varies per type of matter. We now have the Pay-Per-Services retainer as well but that is anything but typical. It is more like an a la carte price list for the entire case in advance.
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