Just, Desserts

@ThinkingIP is where I publish observations, one of which, yesterday, was that I had been “followed” by Trademarkia, the commodity trademark service. It is the nadir of my Twitter activity, to date. Then, today, unaccountably, the ABA Journal published a puff piece about Trademarkia.

 

Fortunately, comments are enabled:

here are the first 9:

Comments

1.John
Sep 24, 2013 12:40 PM CDT

He did it by sending out questionable advertising and updates via email and print to trademark lawyers AND their clients once a trademark is applied for.  This can cause confusion among the clients and is frankly annoying to the attorneys.  But hey, $8.5 million dollar book of business—what a legal rebel!  Lol.

2.Mike
Sep 25, 2013 3:23 PM CDT

I wonder how his employees feel about working for him? Are they happy?

3.Mike
Sep 25, 2013 3:25 PM CDT

Also, does he only have attorneys file his trademarks or does he use non-attorneys as well? Only reason I ask is that other companies have gotten in trouble with this so you always have to wonder.

4.TMthis
Sep 27, 2013 6:57 AM CDT

I agree with John, this guy has sent unsolicited emails and other junk mail to clients-including myself- and likely other trademark filers) that incentivize through confusion. If that’s how one builds a $8.5 million book of business, then I guess nobody cares.

5.Nate
Sep 27, 2013 7:56 AM CDT

Yeah the advertising is misleading and super questionable.  I stopped listing client’s email addresses on trademark apps just to avoid them calling me up every week confused by these emails.

6.Patrick Blake
Sep 27, 2013 8:38 AM CDT

We have had several clients come to us after using Trademarkia and the results has uniformly been substandard.  Similar to the poster above, I question whether intellectual property attorneys are handling the filings, which is a nice way to pump up profits if you don’t care about things being done correctly.  Also, the Trademarkia “employee” I spoke with most recently failed to file a Statement of Use for (now my) client.  When he contacted my client with a hefty bill to correct his error, I was forced to get involved to point out his mistake.  In the interest of full disclosure, a manager became involved in the case and the SOU was filed with no additional cost to my client, but I would steer clear of this service if possible.

7.Trademarks in Florida
Sep 27, 2013 8:58 AM CDT

I too have inherited several clients and needed to clean up the messes made by this firm. If an application does not go through on first examination, the fees the clients end up paying are usually more than my flat fee. I don’t even try to have a web presence because my flat fee is way more than their initial fee and I don’t feel that I should have to field all the calls from people asking me why I’m so expensive when I am actually appropriately priced. These people are never going to hire me anyway if they are looking for an attorney on the web.

I have also had to cancel a mark that they filed for a non-existent person! They do not even confirm the identity of their clients.

I actually believe that the success of this firm is a by product of the In re Bose decision. There is no reason to double check anything anymore since the standard for fraud is not met if you are blissfully ignorant of the facts. Don’t ask, don’t tell lives on at the PTO.

I could continue.

8.TM in Westchester
Sep 27, 2013 9:23 AM CDT

Every client I work with becomes a subject of Trademarkia’s relentless poaching efforts.

9.Paul
Sep 27, 2013 11:55 AM CDT

It is hard to argue with an $8.5 million book of business, but the sad truth is that clients get what they pay for.  I have been asked to pick up the pieces from their shop at least 5 times, and in each case the problems were preventable—and the solutions cost the clients far more than if they had used someone else in the first place.  In one case his firm filed trademark applications for identical marks for very similar services, and when the Examining Attorney objected to one application they tried to negotiate a co-existence deal with both of their clients.  My client was then told that she had to get new counsel—for a matter that they never should have taken in the first place (and they refused to refund her fees paid to them.)

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