Frequently Asked Questions

Marksy is a comprehensive intellectual property services platform that helps businesses and individuals protect their brands, creative works, and inventions. Our services include:

• Trademark Registration: Federal and state trademark registration with the USPTO
• Trademark Searches: Comprehensive searches to identify potential conflicts
• Copyright Registration: Protection for creative works with the U.S. Copyright Office
• Patent Services: Provisional and utility patent applications
• Legal Agreements: Customizable IP-related legal documents
• Brand Monitoring: Ongoing surveillance of your intellectual property

We combine user-friendly technology with attorney review to provide affordable, professional IP services.

No, Marksy is not a law firm and does not provide legal advice.

Marksy provides self-help intellectual property services at your specific direction. We are not a law firm, we do not practice law, and we are not a substitute for the advice of an attorney.

However, some of our premium services include review by licensed, independent attorneys who can provide legal advice. When you purchase attorney-reviewed services, any attorney-client relationship formed is between you and the individual attorney, not Marksy.

If you need legal advice for your specific situation, we recommend consulting with a licensed attorney in your jurisdiction.

Creating a Marksy account is quick and easy:

1. Click the "Get Started" or "Sign Up" button on our homepage
2. Enter your email address and create a secure password
3. Verify your email address by clicking the link we send you
4. Complete your profile with your personal and business information

You can also sign up using your Google or Apple account for faster registration. Your account gives you access to your dashboard, order history, downloads, and saved trademark searches.

We offer multiple ways to reach our support team:

• Live Chat: Available 24/7 through the chat widget on our website
• Email: support@marksy.com (response within 24 hours)
• Phone: 1-800-555-1234 (Mon-Fri, 9am-6pm EST)
• Help Center: Browse our extensive knowledge base articles

For order-specific questions, please have your order number ready when contacting us.

To delete your Marksy account:

1. Log into your account and go to Settings
2. Scroll to the "Danger Zone" section
3. Click "Delete Account"
4. Confirm by typing "DELETE" and clicking the confirmation button

Important: Account deletion is permanent and cannot be undone. All your data, order history, and documents will be permanently deleted. Any pending applications or services will continue to be processed.

If you have concerns about your data, you can also request a data export before deleting your account.

We accept a variety of payment methods for your convenience:

• Credit/Debit Cards: Visa, Mastercard, American Express, Discover
• Digital Wallets: Apple Pay, Google Pay, PayPal
• Bank Transfers: ACH payments (for qualifying orders)
• Wire Transfers: Available for enterprise customers

All payments are processed securely through our PCI-compliant payment processor. Your payment information is encrypted and never stored on our servers.

We stand behind our services with a 100% satisfaction guarantee:

• Before Filing: Full refund of both Marksy fees and government fees
• After Filing: Marksy fees are non-refundable; government fees cannot be refunded once filed
• Our Error: If your application is rejected due to our error, we'll re-file at no additional cost
• Search Services: Non-refundable once the search report is delivered

To request a refund, contact support@marksy.com within 30 days of your purchase with your order number and reason for the refund request.

When you place an order, you'll see two types of fees:

Marksy Service Fees:

• Our fee for providing the service (application preparation, search, etc.)
• Includes our platform technology and customer support
• May include attorney review for premium packages

Government Filing Fees:

• Fees charged by government agencies (USPTO, Copyright Office, etc.)
• We collect these on your behalf and pay them directly to the agency
• These fees are set by the government and may change without notice
• Generally non-refundable once an application is filed

Both fees are clearly itemized at checkout so you know exactly what you're paying for.

Yes! We offer flexible payment options for qualifying orders:

• Affirm/Klarna: Split your purchase into 4 interest-free payments
• Monthly Plans: Available for orders over $500 (subject to approval)
• Enterprise Billing: Net-30 terms for business accounts

Payment plan options are displayed at checkout if your order qualifies. Note that government filing fees must be paid in full upfront as they are submitted to the government immediately.

You can access your receipts and invoices in several ways:

1. Email: A receipt is automatically emailed after each purchase
2. Account Dashboard: Go to Orders → click on any order → Download Invoice
3. Downloads: All invoices are also available in your Downloads section

If you need a custom invoice format for accounting purposes or a W-9 form, please contact our support team.

Absolutely. We take payment security very seriously:

• PCI DSS Compliant: We meet the highest security standards for payment processing
• Encryption: All transactions use 256-bit SSL encryption
• No Storage: We never store your full credit card number on our servers
• Fraud Detection: Advanced fraud monitoring protects against unauthorized transactions
• Secure Partners: We use industry-leading payment processors (Stripe)

Your financial information is always protected with bank-level security.

A trademark is a word, phrase, symbol, design, or combination that identifies and distinguishes the source of goods or services of one party from those of others.

Types of trademarks include:

• Word marks: Text-only marks (e.g., "NIKE")
• Design marks: Logos and graphics (e.g., the Nike swoosh)
• Combined marks: Text and design together
• Service marks: Same as trademarks but for services
• Trade dress: Product packaging or appearance

Trademarks help consumers identify the source of products and protect businesses from competitors using confusingly similar branding.

These symbols indicate different levels of trademark protection:

™ (Trademark):

• Can be used by anyone claiming trademark rights
• No registration required
• Provides notice of your claim to the mark
• Used for goods

℠ (Service Mark):

• Same as ™ but used for services instead of goods
• No registration required

® (Registered):

• Can ONLY be used after federal registration with the USPTO
• Illegal to use without actual registration
• Provides the strongest legal protection
• Puts infringers on notice

Federal trademark registration provides significant advantages:

• Nationwide Protection: Rights extend across all 50 states
• Legal Presumption: You're presumed to be the owner
• Use ® Symbol: Provides notice to potential infringers
• Federal Court Access: Sue in federal court for infringement
• Enhanced Damages: Potential for treble damages and attorney's fees
• Customs Protection: Block importation of infringing goods
• Basis for International Filing: Use U.S. registration abroad
• Incontestable Status: After 5 years, harder to challenge

Without registration, you only have common law rights limited to your geographic area of use.

Trademark protection can last indefinitely, as long as you:

1. Continue using the mark in commerce for the registered goods/services
2. File maintenance documents on time with the USPTO

Required maintenance filings:

• Years 5-6: Declaration of Use (Section 8)
• Year 10: Renewal and Declaration of Use (Sections 8 & 9)
• Every 10 years thereafter: Renewal and Declaration of Use

Missing these deadlines can result in cancellation of your registration. We offer monitoring services to help you stay on track.

Generally CAN be trademarked:

• Fanciful or coined words (e.g., "Xerox")
• Arbitrary marks (e.g., "Apple" for computers)
• Suggestive marks (e.g., "Coppertone")
• Distinctive logos and designs
• Unique slogans and taglines
• Product shapes or packaging (trade dress)

Generally CANNOT be trademarked:

• Generic terms (e.g., "Computer" for computers)
• Merely descriptive terms without secondary meaning
• Deceptive or scandalous matter
• Government emblems and flags
• Names of living persons without consent
• Marks likely to cause confusion with existing marks

Trademark classes are categories used to classify goods and services for trademark registration. The USPTO uses the Nice Classification system:

• Classes 1-34: Cover goods (products)
• Classes 35-45: Cover services

Why classes matter:

• Each class requires a separate filing fee
• Your protection is limited to the classes you register
• Similar marks can coexist in different classes
• Choosing the right classes is crucial for proper protection

For example, "DELTA" is registered by different companies for airlines (Class 39), faucets (Class 11), and dental equipment (Class 10).

The trademark registration process typically takes 8-12 months, but can take longer. Here's the general timeline:

• Application Preparation: 1-3 business days (Marksy)
• USPTO Review Queue: 3-4 months
• Examining Attorney Review: 1-3 months
• Publication Period: 30 days
• Registration/Statement of Use: 1-2 months

Factors that can extend timing:

• Office actions requiring response
• Intent-to-use applications (additional steps)
• Opposition proceedings
• USPTO backlog

We keep you updated throughout the process with real-time status tracking in your dashboard.

Trademark registration costs include Marksy service fees and government filing fees:

Marksy Service Packages:

• Basic: $199 - Application preparation and filing
• Standard: $349 - Includes comprehensive search
• Premium: $599 - Includes attorney review and office action response

USPTO Government Fees (per class):

• TEAS Plus: $250 per class (most common)
• TEAS Standard: $350 per class

Total cost example: Basic package + 1 class TEAS Plus = $199 + $250 = $449

Additional classes cost $250-$350 each in government fees plus any additional service fees.

An intent-to-use (ITU) application allows you to reserve a trademark before you've actually started using it in commerce.

How it works:

1. File an application stating your bona fide intent to use the mark
2. USPTO examines and approves your application
3. A Notice of Allowance is issued
4. You have 6 months to either use the mark and file a Statement of Use, or request an extension
5. Extensions available in 6-month increments (up to 3 years total)

Benefits:

• Establish an early priority date
• Secure a trademark before product launch
• Prevent others from registering the same or similar mark

Additional costs: Statement of Use filing fee ($100/class) plus any extension fees ($125/class per extension).

A specimen is a real-world example showing how you're using your trademark in commerce. The USPTO requires specimens to prove actual use.

For goods (products), acceptable specimens include:

• Product labels or tags
• Product packaging
• Photos of the product showing the mark
• Website screenshots showing the mark with purchase capability

For services, acceptable specimens include:

• Advertising showing the mark and services offered
• Website screenshots
• Brochures or flyers
• Business cards (in some cases)

NOT acceptable: Mock-ups, printer's proofs, digitally altered images, invoices alone, or internal documents.

An office action is an official letter from the USPTO examining attorney that raises issues with your trademark application. There are two types:

Non-Substantive (Minor) Issues:

• Clarification of goods/services description
• Specimen issues
• Minor technical corrections

Substantive (Major) Issues:

• Likelihood of confusion with existing marks
• Descriptiveness refusal
• Genericness refusal

Response deadline: You have 3 months to respond (extendable to 6 months for a fee). Failure to respond results in abandonment.

Our Premium package includes one office action response prepared by our attorneys.

Yes, you can file a trademark application directly with the USPTO. However, there are risks and challenges:

Challenges of filing yourself:

• Complex legal terminology and requirements
• Risk of choosing improper goods/services descriptions
• No clearance search to identify conflicts
• Difficulty responding to office actions
• Mistakes can result in abandonment or weak protection

Why use Marksy:

• Expert guidance on proper filing
• Comprehensive trademark searches available
• Proper classification of goods/services
• Attorney review options for complex cases
• Ongoing support and deadline management

While DIY is possible, professional help significantly increases your chances of successful registration.

Congratulations! After registration, there are important steps to protect and maintain your trademark:

Immediately:

• Begin using the ® symbol with your mark
• Download and store your registration certificate
• Update your branding materials

Ongoing:

• Monitor for potential infringement
• Enforce your rights against infringers
• Keep records of your use
• File required maintenance documents

Maintenance deadlines:

• Years 5-6: Section 8 Declaration of Use
• Year 10 and every 10 years: Sections 8 & 9 Renewal

We offer trademark monitoring and maintenance reminder services to help you stay protected.

Generally, no. The USPTO will refuse registration if your mark is likely to cause confusion with an existing mark. However, there are nuances:

You MAY be able to register if:

• The existing use is in a completely different industry/class
• The marks are sufficiently different
• The existing user has abandoned their mark
• You can prove prior use before the other party

You CANNOT register if:

• There's likelihood of confusion with an existing registration
• The mark is already famous (even in different classes)
• It would dilute a well-known mark

Recommendation: Always conduct a comprehensive trademark search before filing to identify potential conflicts.

A trademark search is crucial before investing in a new brand name or filing an application:

Benefits of a comprehensive search:

• Avoid Conflicts: Identify existing marks that could block your registration
• Save Money: Avoid filing fees for applications likely to be refused
• Reduce Legal Risk: Avoid infringing on others' trademarks
• Make Informed Decisions: Understand the trademark landscape
• Prevent Rebranding: Avoid costly rebranding after launch

Statistics: About 20-30% of trademark applications face an office action citing likelihood of confusion. A proper search helps you avoid this.

Even if you've been using a name, someone else may have prior rights or a registration that could create problems.

Knock-Out Search (Basic):

• Quick screening of federal trademark database
• Identifies exact or very similar matches
• Good for initial brand name brainstorming
• Lower cost, faster results
• May miss similar marks or common law uses

Comprehensive Search:

• Federal USPTO database (registered and pending)
• State trademark databases (50 states)
• Common law sources (business directories, domain names, etc.)
• International registrations
• Phonetic and visual variations
• Attorney analysis and opinion

Recommendation: Use knock-out searches to narrow down options, then conduct a comprehensive search on your top choice before filing.

Search turnaround times vary by type:

• Instant Search (Free): Immediate results from our online tool
• Knock-Out Search: 1-2 business days
• Comprehensive Search: 3-5 business days
• Rush Service: 24-48 hours (additional fee)

Comprehensive searches take longer because they include multiple databases, analysis of phonetic variations, and review by our team.

You'll receive your search report via email and it will be available in your account dashboard for download.

Our comprehensive trademark search covers multiple sources:

Federal Sources:

• USPTO registered trademarks
• USPTO pending applications
• USPTO abandoned/cancelled marks (recent)

State Sources:

• State trademark registrations (all 50 states)

Common Law Sources:

• Business name registrations
• Domain name registrations
• Social media handles
• Business directories
• Industry publications

International:

• WIPO international registrations
• Canadian trademarks
• EU trademarks

No, a clear search does not guarantee registration. Here's why:

• Common law rights: Unregistered marks may not appear in searches but still have legal rights
• Pending applications: New applications filed after your search may create conflicts
• Examiner discretion: USPTO examiners may find issues not identified in the search
• Descriptiveness: Your mark may be refused for reasons unrelated to conflicts
• Third-party opposition: Others can oppose your registration during publication

However, a comprehensive search significantly reduces risk and helps you make an informed decision. It identifies the most likely obstacles so you can assess whether to proceed.

If you believe someone is infringing your trademark, here are the steps to consider:

1. Document Everything: Gather evidence of the infringement (screenshots, products, dates)
2. Assess the Situation: Determine if it's truly infringement or fair use
3. Cease and Desist Letter: Often the first step, demanding they stop
4. TTAB Proceedings: File an opposition or cancellation if appropriate
5. Federal Court: File a lawsuit for significant infringement

Important: You generally must actively enforce your trademark rights or risk weakening them. However, overly aggressive enforcement can backfire.

We recommend consulting with a trademark attorney for litigation matters. We can refer you to attorneys in our network if needed.

A trademark opposition is a legal proceeding before the Trademark Trial and Appeal Board (TTAB) where someone challenges a pending trademark application.

The opposition process:

1. Application is published for opposition (30-day window)
2. Opposer files a Notice of Opposition
3. Discovery phase (exchange of evidence)
4. Trial phase (briefs and arguments)
5. TTAB decision

Common grounds for opposition:

• Likelihood of confusion with opposer's mark
• The mark is merely descriptive
• The applicant committed fraud
• The mark dilutes a famous mark

Opposition proceedings typically take 18-24 months and can be costly. Many are settled before completion.

A cease and desist letter is a formal written demand asking someone to stop an infringing activity. It's typically the first step before litigation.

What it typically includes:

• Identification of your trademark rights
• Description of the infringing activity
• Demand to stop the activity
• Deadline for compliance
• Consequences of non-compliance

Benefits:

• Often resolves issues without litigation
• Creates a record of your enforcement efforts
• Much less expensive than a lawsuit

Note: A poorly drafted letter can backfire. It's best to have an attorney prepare one. We offer cease and desist letter services through our attorney network.

Receiving a cease and desist letter can be alarming, but don't panic. Here's what to do:

1. Don't ignore it: Ignoring it won't make it go away and may escalate the situation
2. Review carefully: Understand exactly what they're claiming and demanding
3. Gather information: Document your use of the mark, when you started, etc.
4. Assess their claims: Are they legitimate? Do they have a registered mark?
5. Consult an attorney: Before responding, get legal advice

Possible outcomes:

• You may have valid defenses (prior use, different market, fair use)
• You may need to rebrand or stop using the mark
• You may be able to negotiate a coexistence agreement
• The sender may be overreaching (trademark bullying)

Never respond in anger or admit to anything. Get professional advice first.

A copyright is legal protection for original works of authorship fixed in a tangible medium of expression.

What can be copyrighted:

• Literary works (books, articles, code)
• Musical works and sound recordings
• Dramatic works
• Pictorial, graphic, and sculptural works
• Motion pictures and audiovisual works
• Architectural works

What cannot be copyrighted:

• Ideas, facts, or concepts
• Titles, names, short phrases
• Works not fixed in tangible form
• U.S. government works

Copyright protection exists automatically when a work is created, but registration provides important benefits.

While both are forms of intellectual property, they protect different things:

Copyright:

• Protects original creative works
• Automatic upon creation
• Lasts author's life + 70 years
• Registered with the Copyright Office
• Examples: books, music, software, art

Trademark:

• Protects brand identifiers
• Requires use in commerce
• Can last indefinitely with renewals
• Registered with the USPTO
• Examples: logos, brand names, slogans

A logo can have both protections: Copyright protects the artistic elements, while trademark protects its use as a brand identifier.

While copyright exists automatically, registration provides crucial benefits:

Legal benefits:

• Sue for infringement: You must register before filing a lawsuit
• Statutory damages: Up to $150,000 per work (if registered before infringement)
• Attorney's fees: Can recover legal costs from infringer
• Prima facie evidence: Registration is evidence of validity

Practical benefits:

• Public record of your ownership
• Enables recording with U.S. Customs
• Required for some licensing agreements
• Strengthens your position in disputes

Timing matters: Register within 3 months of publication or before infringement to preserve statutory damages.

Copyright registration timing varies:

• Standard Processing: 3-10 months (average 6 months)
• Special Handling (Expedited): 5-10 business days (additional fee, requires justification)

Factors affecting timing:

• Type of work being registered
• Completeness of application
• Copyright Office workload
• Whether correspondence is required

Important note: Your copyright protection dates back to when you filed the application (effective date), not when registration is issued.

We prepare and file your application promptly to establish the earliest possible effective date.

Copyright registration costs include our service fee and government filing fees:

Marksy Service Fee: $99

Copyright Office Filing Fees:

• Single work, single author: $45
• Standard registration: $65
• Group registration (photos, etc.): $55-85

Total cost example: Single work registration = $99 + $45 = $144

Additional fees may apply for expedited processing, multiple works, or complex registrations.

A patent is a government-granted right that gives the patent holder exclusive rights to make, use, sell, and import an invention for a limited time.

Types of patents:

• Utility Patents: New and useful processes, machines, articles of manufacture, or compositions of matter (20 years)
• Design Patents: New, original, and ornamental designs (15 years)
• Plant Patents: New varieties of asexually reproduced plants (20 years)

Requirements for patentability:

• Novel: Not previously known or disclosed
• Non-obvious: Not an obvious improvement
• Useful: Has practical utility
• Eligible subject matter: Not abstract ideas, natural phenomena, or laws of nature

A provisional patent application (PPA) is a preliminary patent filing that establishes an early priority date for your invention.

Benefits:

• Lower filing cost than a full utility patent
• Establishes "patent pending" status
• Gives you 12 months to file a full application
• Secures your priority date
• Less formal requirements

Limitations:

• Expires after 12 months (must file utility application)
• Never examined by USPTO
• Cannot become a granted patent itself
• The 20-year patent term still runs from utility application date

A provisional is ideal for inventors who need to establish a priority date while developing or seeking funding.

Patent costs vary significantly based on complexity:

Provisional Patent Application:

• Government filing fee: $320 (micro entity) to $1,720
• Attorney/service fees: $1,500 - $5,000+

Utility Patent:

• Government filing fees: $1,820 - $4,260+
• Attorney fees (preparation): $5,000 - $15,000+
• Examination fees: $800 - $2,000
• Issue fee: $1,200 - $2,400
• Total: $8,000 - $25,000+ (simple to complex)

Design Patent:

• Total cost: $2,000 - $5,000

Patent costs depend on invention complexity, number of claims, and prosecution duration. We offer provisional patent services and can refer you to patent attorneys for utility patents.

Patent prosecution takes significant time:

• Utility Patent: 2-4 years average
• Design Patent: 12-24 months
• Provisional Patent: No examination (expires in 12 months)

Factors affecting timing:

• USPTO backlog and examiner workload
• Technology area (some have longer wait times)
• Number of office actions and responses
• Appeal proceedings if needed

Expediting options:

• Track One: Prioritized examination (additional fee, ~6-12 months)
• Patent Prosecution Highway: If you have corresponding foreign applications
• Age/Health/Green Tech: Special programs for qualifying applicants

A trade secret is confidential business information that provides a competitive advantage and is subject to reasonable efforts to maintain its secrecy.

Requirements for trade secret protection:

• The information is not generally known
• It provides economic value from being secret
• Reasonable steps are taken to maintain secrecy

Common examples:

• Customer lists and data
• Manufacturing processes
• Formulas and recipes (e.g., Coca-Cola)
• Software algorithms
• Business strategies and plans
• Pricing information

Unlike patents: Trade secrets require no registration, have no expiration (as long as they stay secret), but provide no protection against independent discovery.

Protecting trade secrets requires ongoing efforts to maintain confidentiality:

Legal protections:

• NDAs: Require confidentiality agreements from employees, contractors, and partners
• Employment agreements: Include non-disclosure and non-compete clauses
• Vendor agreements: Protect information shared with third parties

Physical and technical measures:

• Restrict access on a need-to-know basis
• Use password protection and encryption
• Secure physical documents
• Monitor and audit access
• Mark documents as "Confidential"

Policies and procedures:

• Written trade secret policies
• Employee training
• Exit interviews and device return procedures

We offer customizable NDA templates and other agreements to help protect your trade secrets.

The choice depends on your specific situation:

Choose trade secret when:

• Information can be kept secret indefinitely
• Reverse engineering is difficult
• The invention might not be patentable
• You want to avoid the cost of patenting
• You need protection longer than 20 years

Choose patent when:

• The invention can be easily reverse-engineered
• You want to license the technology
• You need to stop competitors from independent development
• Public disclosure is inevitable
• You want a defensive tool against lawsuits

Note: Once you file a patent application, you lose trade secret protection (patent applications become public). Choose wisely!

Our legal research services help you make informed decisions about your intellectual property:

Trademark Research:

• Registration status lookups
• Trademark ownership history
• Related mark analysis
• Industry and competitive landscape reports

Patent Research:

• Prior art searches
• Patent landscape analysis
• Freedom to operate assessments

Copyright Research:

• Registration verification
• Ownership chain documentation

Our research reports provide valuable intelligence, though they do not constitute legal advice. For legal opinions, consult with a qualified attorney.

Yes! There are several free resources for basic trademark research:

Free resources:

• USPTO TESS: Search the federal trademark database
• Marksy Free Search: Our instant search tool for quick checks
• State databases: Many states have searchable databases
• Google: Basic web searches can reveal common law uses

Limitations of DIY research:

• May miss phonetic or visual variations
• Doesn't cover all state and common law sources
• No expert analysis of results
• Time-consuming for thorough searches

DIY searches are great for initial screening, but a comprehensive professional search is recommended before filing an application or launching a brand.