Reply from TradeMark Express & Urgent TrademarkMay 21, 2018
Hi Rob,
We understand your concern, throughout the whole process we have tried to assist you and offer you the best advice as to how to keep and maintain your trademark regardless of the logo filing. You received an Office Action on July 7th, 2017, the due date was January 7th, 2018, the office action required a simple disclaimer, clarification of the drawing and of the color. In responding to the Office Action we advised you as to how to approach the examining attorney, also advised informing the examining attorney that you would only like to keep the name. She did not accept the change stating “an additional application must be filed”. Instead you let the mark lapse and a formal response to the office action was never filed. When dealing with your file we did kind of work backwards as we filed the logo before we filed the name. It is recommended that big companies have one trademark for the logo and one trademark for the name as it makes your brand stronger and you are able to advertise with them both together and apart while ensuring your full rights. At some point you mentioned interest in trademarking the logo which is why we recommended letting this trademark go to registration then refiling the name mark alone, which we would cover all the fees except the USPTO filing fees of $275 considering it is not our fee and it is unethical if we pay on your behalf. We apologize for the communications issue that happened as our primary goal is to have successful trademarks filed for our clients. Communications with you after December was a challenge as you would not want to talk to us after not agreeing what we recommend. Regardless of the dilemma Trademark Express has continuously wanted to help you. As for refunding the $400 we have a rollover policy, we do not do refunds. All of the $400 have been exhausted as we completed the full preliminary, Federal and State, common law, attorney consultations and analysis along with filing on your behalf. We completed all of the work to ensure your trademark is legally clear which in fact it is. We would be willing to help you and re-file this trademark at no cost, like stated previously we do not cover filing fees as it is not our fee. If you would like our assistance in re-filing the trademark we would be more than willing and happy to assist you get this done, on top of this we would monitor your trademark for a full year after filing and if you receive any minor notifications from the USPTO we would respond to them at no cost.