Why LegalZoom Should Be Your Last Trademark Registration Option

"I paid LegalZoom $1,400 to do everything on my own."


Last month we spoke with a client of ours to learn more about this Client's experience with LegalZoom. Client started her trademark registration journey with LegalZoom before running into problems and ultimately retaining us to complete her trademark registration.


Client stated she paid LegalZoom $1,400 to register her trademark in two classes and her experience was as follows:

  • completed a form on the LegalZoom website,

  • selected trademark classes without assistance from LegalZoom,

  • was on hold for long amounts of time,

  • was unable to speak with anyone at LegalZoom, and

  • did not speak with an attorney.

Additionally, LegalZoom did not provide any of the following services:

  • consultation to discuss trademark,

  • a trademark clearance search to determine trademark viability, or

  • review her completed form for accuracy or ask clarifying questions.


During the discussion, Client stated

"I paid LegalZoom $1,400 to do everything on my own."

What Went Wrong With LegalZoom?


When asked what went wrong with LegalZoom, Client stated she received a cease and desist letter from a law firm stating her trademark was too similar to their client's registered trademark and if she continued with her trademark application the law firm would oppose her application. Further, Client stated LegalZoom did not offer any assistance with responding to the cease and desist letter.


"LegalZoom just sent me an email basically saying this isn't going to work"

When asked if LegalZoom offered any assistance, even for an additional fee, to assist with the cease and desist letter, Client stated no, they didn't offer me any help.


Why LegalZoom Should Be Your Last Trademark Option


LegalZoom is an attractive option for trademark registration because of its low cost. After learning more about our Client's experience with LegalZoom, we concluded: LegalZoom should be your last trademark option.


A. LegalZoom is a Document Service Provider. It Does Not Provide Trademark Assistance


LegalZoom's Terms of Use ("TOU") states their website only provides automated software solutions and users of their software will be representing themselves in any legal matter.


"Legalzoom.com provides an online portal to... provide an automated software solution to individuals who choose to prepare their own legal documents."

LegalZoom's TOU goes on to further state:


"You are and will be representing yourself in any legal matter you undertake through LegalZoom's legal document service."

LegalZoom's Terms of Use as Displayed on 03/18/2022

Thus, the reason the only "service" that was provided to our Client was LegalZoom providing her with a form to complete on her own. LegalZoom is simply a document service provider and by providing our Client with a form LegalZoom fulfilled its role and obligation.



B. LegalZoom is Not a Law Firm and Cannot Provide Legal Advice


Trademark registration is a legal process and is best handled by a trademark attorney (a legal professional) who can provide legal assistance and advice. Per LegalZoom's TOU:


"LegalZoom is not a law firm and may not perform services performed by an attorney. LegalZoom, its Services, and its forms or templates are not a substitute for the advice or services of an attorney."

LegalZoom cannot provide legal advice and encourages users to seek legal assistance"


"At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation." "...if you need legal advice for your specific problem,... you should consult a licensed attorney in your area."

Thus, the reason why LegalZoom did not perform a trademark clearance search, conduct a consultation, or review our Client's form for accuracy. Because such actions are services performed by attorneys and LegalZoom cannot provide legal services.


Conclusion


LegalZoom should be the last option for trademark registration because LegalZoom does not provide any trademark assistance, it is simply a document service provider. You will essentially be on your own. Additionally, trademark registration is a legal process and is best handled by a trademark attorney who can provide legal advice and assistance. LegalZoom is not a law firm and cannot provide legal advice to assistance to its users. If in the course of working with LegalZoom, you have a legal question or need legal assistance, then you'll be referred to an attorney for assistance.


If you need assistance with trademark registration contact us today and start your journey to the PROTECTID™ side!





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