Updated December 16, 2008 - 10:03am
MarkTend is a service that focuses on delivering Trademark law firms succinct information about calendaring, similar trademark application and registration, domain name infringement, and online advertising infringement.
Our calendaring system is tended by our proprietary calendaring / docketing software and three Trademark Docketing secretaries. We use a four key system whereby three humans and our software calendar all items associated with each trademark. If one of the keys does not agree with the others we mark that trademark for review by all staff members. We then send out email reminders to our client one month before, one week before, one day before, and the day that the item is due. Beyond that we also alert our client when they login to our system of all calendar items that are past due.
Our monitor system searches the USPTO on a daily bases for newly filed applications and on a weekly basis new publications for similar trademarks. We then mark these trademarks for your review so that you can decide on the proper action (i.e. Opposition). The monitor system also searches the three leading search engines for any advertising that is generated based on the trademarked key word. Courts have consistently held that use of a trademarked term in the body of the search engine advertising constitutes infringement unless fair use. Finally, the system also reviews domain names to find infringing uses in domain registrations (i.e. google-seach.com or getcoke.com).
We have created a white label system that allows the law firm to re-brand our watch system and offer their client direct access to a client extranet under the firms name. Our goal was to create a non-technical user friendly system that allows for trademark calendaring and monitoring at a low cost that the law firm can share with the client. We have found that when the client is allowed to be involved with the monitoring process they become highly vested in protecting and expanding their trademarks.
We offer a split system of billing for our clients; our calendar system is offered at a rock bottom price level of about $1 per trademark per month and our watch service is offered separately per trademark at $249 per year. We have split the cost of service into two parts to allow the firm to calendar all of their trademarks while allowing the end client to choose to use the monitor service. We have found that most of our law firm clients are anticipating reselling the service to their clients under the firm name for 3-4 times the amount we charge.
Finally, our current firms are now able to review and offer further protection services to their clients that they did not have time to do before. In less than a minute the lawyer knows if there is a confusingly similar trademark going to publication, UDRP potential action or search engine trademark infringement cease and desist potential. All of these items enable the firm to offer extra services to their clients with minimal time input.
In essence, we make rain.
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