I’d heard the US Patent and Trademark was the place to go for a trademark we 
bought several months ago. After filling out the forms online, I was quite surprised to see how quickly my full fees were sucked off the internet … but then how long it took to get a response from their lawyers. First red flag….
Then yesterday I got a call from a US Patent office, lawyer, who I’ll not name. He said we could not have the logo we’d requested … and so the rather large payment now would stand only for the few words we’d submitted, and then he named a few other things to change … that would “make it easier” for him to process.
Once my trademark package narrowed under legalese… it appeared I had nothing left that was usable to my business … so I asked to retract my application. Surprised at how keen this lawyer appeared for the first time in our conversation, I allowed him to walk me through the Online wizard to cancel and confirm my cancellation.
Then came the ringer! I asked the Government’s hired lawyer… “When will my refund be sent out?” “No refund …” he shot back… “we have already worked on your file and that money covers my fees.” Is cashing my payment within minutes of my submitting it considered work for which a lawyer fee is earned…? I am still in shock….
If this is the legal firm the government thought would best service trademarks … our nation is in trouble. Does anybody out there know what a person can do in such a situation…? Is this typical for trademark transactions with the patent office…? Doesn’t seem like trademarks are worth more than the lawyer fees they generate… but I hope my case is an exception. What do you think…?
In our case, Ellen, we made our application through Legal Zoom, which makes it easy to file (and pay) online. We haven't been contacted yet by the lawyer, we've been told it takes 6 months to I think 8 months. I asked up front if the proposed trademark is not accepted, if we get our money back and was told no, but we can then file a new one, and pay for another processing. I think I know that this is coming, but at least we won't be surprised! I guess they don't feel they have a reputation to uphold...maybe we can blog about these lawyers and let others know about their services?
Posted by: Patsi Krakoff, Psy. D. | June 29, 2006 9:40 AM | Permalink to Comment