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TradeMark Express Founder Chris DeMassa Featured on Finding Your Frequency Podcast
Los Altos, CA — On a recent episode of Finding Your Frequency hosts Chris Budihas and Jaclyn Baker welcomed Chris DeMassa, founder of TradeMark Express, to discuss the evolution of trademark services and the critical need for thorough trademark research.
Please see our 10-minute interview @ https://www.youtube.com/watch?v=mT9cf-xnqRM.
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In the episode, DeMassa shared insights into the history of TradeMark Express, recognized as North America’s oldest trademark service. The company’s journey began unexpectedly with a trademark lawsuit, setting the stage for its commitment to protecting clients' intellectual property.
What distinguishes TradeMark Express from newer, pop-up trademark companies is its dedication to comprehensive research. DeMassa emphasized that while many firms have shifted focus solely to applications, TradeMark Express adheres to a detailed research process that prioritizes thoroughness. This starts with a Federal & State trademark search, followed by a Common Law search, if the trademark attorney consult clears the mark. Clients benefit from the unique ability to rollover unused funds toward a new name if conflicts arise.
DeMassa also discussed the challenges faced by businesses due to competition and misinformation surrounding trademark research. He highlighted a recent meeting with USPTO Commissioner David Gooder shedding light on the USPTO’s workload, which has increased due to unsearched applications. This situation has led to a growing number of examining attorneys and the potential for increased fees.
"We actually do comprehensive legal research... and this didn't used to be such a novelty. Everyone used to do comprehensive research," DeMassa stated during the interview.
Listeners interested in trademark services and intellectual property protection can tune in to the full episode of Finding Your Frequency to hear DeMassa's expert insights.
For more information about TradeMark Express and its comprehensive trademark services, visit https://tmexpress.com/.
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About Finding Your Frequency
Finding Your Frequency is a podcast that connects listeners with top creators, influencers, and entrepreneurs, exploring their stories and insights. Hosted by Chris Budihas and Jaclyn Baker, the show aims to inspire and inform audiences about the ever-evolving landscape of business and creativity. Please see: 1) https://dailynewsnetwork.com/, 2) https://www.youtube.com/watch?v=OMrqugnH6nw and 3) https://www.youtube.com/@cfmproduction4465
About TradeMark Express
Founded in 1992, TradeMark Express is committed to providing comprehensive trademark research and services. With a network of 12 experienced trademark attorneys, the company focuses on ensuring that its clients receive thorough support throughout the trademark application process.
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SUMMARY: Chris DeMassa of TradeMark Express discusses comprehensive trademark research and industry challenges on the Finding Your Frequency podcast.
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Kind regards,
Shannon Moore 202-496-1600
Sr. Researcher; In-House Writer
Correspondence via email only: shannon@tmexpress.com
TradeMark Express Blog: https://tmexpress.com/trademark-blog
LinkedIn: https://www.linkedin.com/in/shannonmooresagebright/
Zoom Anytime - https://bit.ly/TradeMarkZoomMeeting
Calendly Meeting - https://calendly.com/tmexpress/15min
LinkedIn - https://www.linkedin.com/in/chrisdemassa/
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SEARCH TRADEMARKS
Why Search for Similar Trademarks?
https://www.uspto.gov/trademarks/basics/why-search-similar-trademarks
Comprehensive Clearance Search for Similar Trademarks
https://www.uspto.gov/trademarks/search/comprehensive-clearance-search-similar-trademarks
Federal Trademark Searching
https://www.uspto.gov/trademarks/search/federal-trademark-searching
PROTECT AGAINST SCAMS
Spoofed Calls that Impersonate the USPTO
https://www.uspto.gov/trademarks/protect/spoofing-phone-numbers
What to do if you've been Scammed
https://www.uspto.gov/trademarks/protect/what-to-do-if-youve-been-scammed
Understanding Filing Firms
https://www.uspto.gov/trademarks/protect/filing-firms
Administrative Sanctions Process
https://www.uspto.gov/trademarks/protect/administrative-sanctions-process
Recent Blog Posts on the subject of Trademark Scams.
April 28, 2024.
The Hidden Costs of Cheap Trademark Services. See: https://tmexpress.com/cheap-trademark-services/
April 28, 2024.
LegalZoom – Continued Deceptive, Bait & Switch & Outright Dangerous Trademark Practices. See: https://tmexpress.com/legalzoom-deceptive-bait-switch-trademark-practices/
March 31, 2024.
TRADEMARK APEX. I.P. Scams Cont’d….TRADEMARK (not exactly) APEX – “We’re located in San Franco.” EMAIL SCAM'. See: https://tmexpress.com/trademark-apex/
March 9, 2024.
TRADEMARK ENGINE. Pay a Pauper's Fee, Get Royally Screwed. Part 3 of 3.
See: https://tmexpress.com/trademarkengine-3of3-030924/
March 2, 2024.
TRADEMARK ENGINE. Pay a Pauper’s Fee, Get Royally Screwed. Part 2 of 3.
See: https://tmexpress.com/trademarkengine-2of3-030424/
February 22, 2024.
TRADEMARK ENGINE. Pay a Pauper's Fee, Get Royally Screwed. Part 1 of 3.
See: https://tmexpress.com/trademarkengine-1of3-022224/
December 30, 2023.
Trademark Pearl - Another Trademark Scam - Preying on Unwitting Small Businesses. See: https://tmexpress.com/trademark-pearl-123023/
December 14, 2023.
LegalZoom - Deceptive, Bait & Switch & Outright Dangerous Trademark Practices. See: https://tmexpress.com/legal-zoom-121423/
October 28, 2023.
The Hidden Menace:
How Poor Trademark Practices Damage Small Businesses and Capitalism.
In the ever changing wild world of business, trademarks are more than just symbols or logos; they're the embodiment of a brand's identity, reputation and success.
Protecting these valuable assets is crucial for the continued growth of small businesses and the health of capitalism as a whole. Small business is the foundation of capitalism. It encourages innovation and generates substantial wealth. When small business works, capitalism thrives. Everyone wins.
However, trademark predatory practices, perpetuated by negligent attorneys, non-attorneys, and trademark mill services that fail to conduct comprehensive legal research and file subpar trademark applications, are undermining the very foundations of small business and capitalism itself.
When a small business is damaged from the very outset with bad advice, bad services to launch their very company name, then they are less likely to ever start another small business. Their friends and family will be intimidated from ever taking the risk of starting a new business. The cost to existing businesses to enforce their intellectual property against willfully ignorant infringers increases their costs to do business. It is all about trust.
My Zoom call with USPTO Commissioner David Gooder reiterated what I am writing about today. Recent USPTO practices over the last few years to fight fraud are continuing. I cite the USPTO demand for foreign based businesses to have a USA based attorney file their trademark, (as we provide our clients with our 6 of our 10 trademark attorneys from the USA), because of fraud from China. Also, the USPTO unilateral termination of over 21,000 trademarks in 2022, filed by trademark mill scam services because of fraud. I'd wager most of these business owners still do not know their trademark filings are dead. Additionally, ever increasing USPTO efforts to audit seemingly exaggerated trademark filings.
It is a fact the USPTO denies 39% of the trademark applications they receive.
TradeMark Express has not had a final trademark refusal since 2008.
Trademark Predatory Practices Unveiled
Trademark attorneys and services are vital for helping small businesses protect their intellectual property. They navigate the complex legal landscape of trademarks, where similarities in sound, appearance and meaning must be investigated because they do very much matter, ensuring that businesses can continue to grow and innovate without the fear of being refused by the USPTO or CIPO, ever receiving a cease and desist over the next 10 years and being able to easily enforce against others exploiting their brand.
However, there exists a darker side to this industry, where predatory practices thrive.
1. Inadequate Legal Research: Some attorneys and non-attorneys fail to conduct the thorough legal research necessary to confirm the availability of a trademark. This negligence often results in filing applications for trademarks that are confusingly similar to existing ones.
2. Trademark Mills: Some trademark services operate as "mills," processing applications en masse without due diligence, potentially leading to trademark disputes and legal actions for the businesses they are supposed to protect.
The Toll on Small Businesses
Small businesses are especially vulnerable to trademark predatory practices due to limited financial and time resources. When trademark applications are poorly prepared or trademarks are filed without proper legal research, the consequences can be devastating:
1. Legal Battles: Small businesses may become entangled in costly trademark disputes, with little financial room to wage these battles effectively.
2. Reputation Damage: A small business's reputation can be tarnished when it is perceived as the aggressor in a trademark dispute or as the negligent party when its trademark rights are violated.
3. Stifled Growth: Poorly filed trademark applications can result in delayed or denied trademark protection, hindering a small business's expansion.
Capitalism at Risk
The core of capitalism is built on competition, innovation, and the protection of property rights. Trademark predatory practices undermine this foundation:
1. Inhibiting Innovation: Small businesses are less likely to innovate and invest in their brands if they fear their efforts will be in vain due to predatory trademark practices.
2. Reducing Market Access: When predatory practices harm small businesses, it reduces competition, limiting consumers' choices and the overall health of the market.
3. Weakening Confidence: If the public perceives trademark disputes as commonplace and unfair, it erodes trust in the market system, undermining the very essence of capitalism.
Seeking a Solution
To protect small businesses and the principles of capitalism, we must address trademark predatory practices. Businesses, lawmakers, and consumers all play a role:
1. Businesses: Due diligence is crucial when seeking trademark protection. Small businesses should carefully choose reputable attorneys and trademark services with a proven track record of success.
2. Regulators: Legal authorities and trademark offices should enforce stricter standards for trademark applications, penalizing those who engage in predatory practices.
3. Consumer Awareness: By supporting businesses that value ethics and transparency, consumers can encourage responsible trademark practices and discourage predatory ones.
In a world where trademarks are integral to branding and success, protecting these assets is essential. Trademark predatory practices pose a real threat to small businesses and capitalism. By acknowledging this issue, taking proactive steps, and demanding accountability, we can preserve the integrity of the market and secure a fair and competitive business landscape for all.
Small businesses are the backbone of capitalism, and protecting them from predatory practices is essential for the system's continued vitality.
At TradeMark Express, we specialize in helping start-ups protect their intellectual property rights. Our team of skilled attorneys understands the intricacies of trademark law and can provide you with expert advice tailored to your business needs. We offer a range of services, including trademark registration, monitoring, and enforcement.
Don't risk leaving your brand unprotected. Start your new business venture with legal clarity by securing a trademark. Contact us today for a free expert trademark consultation. Together, let's build a strong foundation for your business's success.
Thank you!
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Trademarks are company and product names, logos and slogans. They are way broader in coverage than a domain name search, a corporate name search or a web search on Google, Yahoo or Bing.
Rights go to those who use a mark first under Common Law and/or apply for a Federal or State trademark first.
Things that matter include SIMILARITIES in sound, appearance or meaning. Related goods/services. Channel of distribution. Customers. Famous names/marks. Over reaching litigious companies.
A legal comprehensive legal clearance Trademark and Common Law search can take 3 hours each. Trademark attorney review is needed.
Some people say - "I don't want a trademark!" Great, most companies do not need one. But to avoid a "failure to communicate", one must understand the 2 parts to a trademark. 1) Being LEGALLY CLEAR, under trademark law, and 2) Getting a Federal or State trademark. #1 every business needs - at least. #2 is advantageous as a mark gains ownership and broadens rights in sound, appearance and meaning.
Please note - The USPTO and CIPO expect this work done before filing any trademark, as by statute, they cannot for you. If another company has rights, then they have 10 years to enforce against you.
Trademark enforcement can be executed against infringers in a lot of ways, in addition to direct contact. Complaining where the infringer advertises - i.e. how they sell, where they sell - i.e. channels of distribution and where they manufacture. If their distribution crosses country borders, then a complaint to customs is effective for goods to be blocked or seized. If they have a trademark, a cancellation of their mark is an option. Where a complaint is disregarded, an attorney cease and desist has more power.
Being 100% sure your mark has rights over any infringer either under first use Common Law or your own registered or pending trademark is common sense. Being certain when they started using the mark is key. Competitive checks to ascertain reality are needed. The Internet Archive Wayback Machine is unparalleled. See: https://archive.org/web/.
Trademarks need to be enforced evenly. So, if you find one infringer, then you should run a comprehensive research to find if any more infringers exist in sound, appearance or meaning under trademark law. IF so, then your mark's rights need to be enforced against those companies as well. This is our 5-6 hour $400 Start-Up Package, including attorney research review and consultation. Remember, we have 10 trademark attorneys in our network included in our low fees. Attorney work to enforce is not included in our Start-Up Package.
The point is your trademarks have great value to your company. When you have a trademark you are accepting the duties and obligations of enforcement. If you neglect, then you slowly lose rights against infringers. This is called acquiescence. If you allow too many company's to infringe, then you make it harder to enforce. When you ever buy or sell a business, a strong trademark shores up its goodwill.
Thank you! Chris DeMassa 650-948-0530 / Marcela & Erica 202-496-1600 / Heather 714-401-3030
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