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Thread: Trademark: Yourself vs Legalzoom vs Trademark Attorney

  1. #1
    Join Date
    Aug 2015
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    Surf City, NC
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    Trademark: Yourself vs Legalzoom vs Trademark Attorney

    So as we move forward on creating our dream, we are trying to figure out what would be the most economical way to skin the Federal Trademark.

    I've read multiple articles on the costs and benefits of doing it yourself vs. legalzoom/trademarkia/Trademark Attorney.

    Mind you we will be operating as a Nano Brewery (3 BBL System) mainly selling in our taproom to our local community. Thanks in advance!

  2. #2
    Join Date
    Feb 2013
    Location
    Littleton, CO
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    45

    Lawyers vs Legal Zoom

    Good question! My understanding is that LegalZoom is glorified self-filing, where they provide you with information about what to file, and you take care of the rest yourself. I am not completely sure of their rate, but I expect it is about half of my rate (at least for filing). I believe you have the option of working with one of the attorneys they recommend, and I have no idea what that cost is, for future things (like responding to Office actions, filing statements of use, etc.).

    Trademark attorneys should fill out the forms correctly, make sure things get filed properly, help you select the proper classes and descriptions, and assist with pre-clearing your marks so you don't waste time and money on marks that aren't available or will be a challenge to obtain. Also, if you work with an attorney that is familiar with the beer industry, they will be more aware of land-mines (e.g., any DRAGON mark is likely to be challenged by Desnoes & Geddes, even though the USPTO will likely allow it on the front end; you will not be able to use a spirits term as part of your beer name; etc.). An industry specific attorney should be able to help you navigate TTB and other beer-industry specific legal issues.

    I am a trademark attorney, and some of my clients have initially filed through LegalZoom or the like, and hired me to clean up the mess that happened. Other times, a client missed out on obtaining a filing date (they thought they'd filed the mark properly, but hadn't), and are now involved in a long, drawn-out, expense fight for their mark. Sometimes, the application sails through without an issue.

    Another part of having a trademark attorney is that they will be the person contacted by the USPTO, and responsible for making sure a response is properly filed. Also, if a third-party takes issue with your mark, the attorney will be the one receiving that call (which itself can be useful).

    I hope that helps clear things up somewhat. Let me know if you want to discuss your situation sometime.

    Dan Christopherson, Beer Lawyer
    Christopherson Brew Law
    6638 W. Ottawa Ave, Suite 220-3, Littleton, CO 80128
    720-515-8773 (phone) | dan@brew.law | www.brew.law
    Last edited by Brew Law; 12-02-2018 at 10:00 AM.

  3. #3
    Join Date
    Jan 2016
    Location
    Beaver Island, MI USA
    Posts
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    We are in a very similar situation. We have a lawyer specializing in beverage business, though not trademark law. I asked him, and he said he was happy to do it but that it is relatively straightforward. We filed our own, text only, for the company and one beer name, though we did get answers to a couple of questions from him mid process. So we haven't been all the way through the process, but so far, so good.

    Patrick McGinnity
    Whiskey Point Brewing Co.
    Beaver Island, MI


    Sent from my iPad using Tapatalk

  4. #4
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    Appreciate all the help! Looks like we will probably do it once and do it right.

  5. #5
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    May 2009
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    Huntsville, AL
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    Tell us, Dan, how much will it be to go through you?

  6. #6
    Join Date
    Mar 2013
    Location
    Keller, TX
    Posts
    94
    Quote Originally Posted by dcbrewlaw View Post
    My understanding is that LegalZoom is glorified self-filing, where they provide you with information about what to file, and you take care of the rest yourself. I am not completely sure of their rate, but expect it is about half of my rate (at least for filing). I believe you have the option of working with one of the attorneys they recommend, and I have no idea what that cost is, for future things (like responding to Office actions, filing statements of use, etc.).
    Definitely glorified self-filing. I believe their trademark apps are $200 (plus filing fees). I'm not sure what $200 buys you other than access to free federal forms.
    DFW Employment Lawyer
    http://kielichlawfirm.com

  7. #7
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    Surf City, NC
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    Quote Originally Posted by BeerBred View Post
    Tell us, Dan, how much will it be to go through you?
    I plan on giving him a call today!

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