Marketfleet Legal Services

As a product development firm, we are experienced in issues arising from selling on Amazon as well as the general web. Don't let a legal misstep prevent your success from developing products and selling online. With Marketfleet's product development and legal experience, a separate entity was created to help others with issues arising from selling on Amazon as well as the general web.

Trademark and Trade Dresses

Prices start at $250
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Patents

Prices start at $500
  1. Opinion and Search: To perform patentability searches and opinions to identify conflicting prior art before developing a new product or filing a new patent application. This helps avoid novelty issues, improves written description and claim drafting, streamlines prosecution, improves the quality of granted patents, and improves product development and competing product identification.
  2. Freedom to Operate (FTO): Refers to the procedure to determine whether a particular action of commercializing a product or invention can be done without infringing valid intellectual properties of others. Before launching a certain product, one has to diligently evaluate whether a particular technology will infringe a third party’s patent. FTO opinions are broader in scope and address the potential for infringement by any patents, whether known or unknown to the client, as well as design arounds.
  3. Application Drafting: We draft, and file the patent application with the require signatures and documentation, such as Information Disclosure Statements, Oaths, Assignment of Rights, etc.
  4. Drawings Drafting: We provide the drawings required to go along with the patent application, as well as update them throughout the process.
  5. Prosecution: After the patent application is filed, it enters the prosecution stage. During this phase, patents might get rejected, and responses are required to move them along the process. As such, this service is to provide strategic advice, manage the responses to Office Actions, and any formalities.
  6. Enforcement: Should there be a need to invalidate a certain patent, we manage the services for Inter Partes Review (IPR), Ex Parte Reexams. The focus on these type of proceedings lies in reaching settlement agreements, or invalidating a patent or claim, as this strategy allows to commercialize a product, or put an end to a litigation as soon as possible, reducing expenses and/or the risk of losing their patent.
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Copyrights

Prices start at $350
  1. Registration: Drafting, and filing of the trademark application with the require signatures and documentation, such Oaths, Assignment of Rights, Specimens, etc.
  2. Search and Opinion: Have an attorney registered with the Patent & Trademark Office conduct your search of USPTO databases and render a brief opinion about the registrability of your proposed trademark.
  3. Digital Millennium Copyright Act (DMCA):
  4. Domain and Social Media Disputes (URS): The Uniform Rapid Suspension System (URS) implements the methods and policies of a more exhaustive legal procedure but offered at a lower-cost, faster path to relief for rights holders experiencing the most clear-cut cases of infringement. The URS largely applies only to the “new” generic top-level domains (that is, those approved following ICANN’s 2012 domain name expansion process) – not to .com, .net, .org and the other traditional top-level domains. And, also unlike the UDRP, which allows a trademark owner to get a domain name transferred to itself, the URS only provides for a temporary suspension of the problematic domain name.
  5. Domain and Social Media Disputes (UDRP): The Uniform Domain Resolution Procedure (UDRP) sets out the legal framework for the resolution of disputes between a domain name registrant and a third party (i.e., a party other than the registrar) over the abusive registration and use of an Internet domain name in the generic top level domains or gTLDs (e.g., .biz, .com, .info, .mobi, .name, .net, .org), and those country code top level domains or ccTLDs that have adopted the UDRP Policy on a voluntary basis. Although this procedure is known as an inexpensive alternative to litigation, it is still more expensive than the URS, but can provide the trademark owner with some definite resolution (contrary to the temporary one obtained by URS). The difference in remedies between the UDRP and the URS is not the only consideration for a trademark owner thinking about how to proceed. In many cases, for example, the URS is not even an option, give that it applies almost exclusively to the new gTLDs (and not to traditional TLDs such as the most popular .com).
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Business Formation

Prices start at $250
  1. Incorporation: Incorporating your business offers many benefits over doing business as an individual, in the sense that a legal entity provides a shield (sometimes referred to as corporate veil) to the proprietor or partners in the business including liability protection and additional tax deductions. Incorporating a business can take multiple variations, and discussing those with an attorney, and even an accountant should be the first step.
  2. Articles of Incorporation; Operating Agreements; EIN, 501c3 registrations; ByLaws: Once it has been decided to incorporate a business, documentation needs to be filed with the Secretary of State, IRS, etc.; as well as kept up to date, with the company records. We can tailored those documents for you, depending upon your business needs.
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Business Continuity

Prices start at $500
  1. 1. Response to Cease and Desist or Complaint Communication
  2. 2. Marketplace Management (e-commerce platform such as Amazon):
  1. Reinstating suspended account: When Amazon or any other Marketplace believes that your company’s selling procedures are not maintained to the standards delineated on the MSA, the Marketplace will suspend your account, preventing you from continue using their platform to sell products. At this point, it is important to engage the right team with the necessary legal and business knowledge of the Marketplace to get your account reinstated.
  2. Appealing decision from Seller Central: Even though first tries tore instate an account may be unfruitful, most Marketplaces offer an appeal process that, when used accordingly (and sometimes persistently), it can get your account reinstated. As such, our team can help you navigate out of those muddy waters by providing the right legal, and business response to the SellerCentral Marketplace team.
  3. Unauthenticated complaints: An unauthenticated (e.g. inauthentic using Amazon’s terminology) product is when the product is purchase by a third-party seller, and not directly from the manufacturer. If a complaint is issued for an unauthenticated product, your company will be required to provide proof of purchase showing that you purchased the product from the manufacturer or authorized seller.
  4. Trademark/Copyrights/Patent complaints: Complaints in this area relate to products that look similar to another product, whereby the latter is the holder of some type of intellectual property like trademarks, copyrights, or patents. Another type of complaint may be with regards to a product description, or an image used on your product detail page that looks like that of another product page. It is your responsibility to correct product description, image, or even features so that your products are cleared from infringing another company’s intellectual property. We help prepare the response to the complaints, as well as advise you on how to avoid infringing in someone else’s intellectual property.
  1. 3. Licensing: We assist our clients in due diligence, negotiating, drafting, construing, and enforcing license agreements. We also represent our clients who desire to license the patents of others and negotiate or litigate to conclusion licensing disputes.
  2. 4. ForeignPortfolio Management: Should your business require the protection of certain intellectual property abroad;we manage the international filing of trademarks and patent portfolios for you.We have a network of experienced best in class partners in most countries ofthe world to provide the international services you. We regularly file European,Chinese, Mexican, Indian, Canadian, Brazilian, Argentinian, and Japanese IP filings.
MLS: An entity qualified to provide legal services, incorporated in DE with place of business in Puerto Rico, and with malpractice insurance. Prices vary depending on specific needs and require a quote. Neither of the prices herewith stated include government fees.
Disclaimer: Fees are approximations and rates may vary depending on invention complexity. Hourly rates are charged for responding to letters, office actions, marketplace actions, appeals, and communications. We are not permitted by law to guaranty the results on a particular legal matter or that you will receive a patent or trademark. Information on this website is informational only and is not intended to be legal advice or intended to create an attorney-client relationship.

Some of the content on this site is considered Attorney Advertising under the applicable rules of certain states. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. While we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest, or that we have the appropriate licenses to do so. Accordingly, do not use any of the supplied e-mail interfaces to send us any confidential information until you speak with one of our attorneys and receive our authorization to send that information to us. Any reference to representative matters and other experience, should not be relied upon in particular with making any decision, taking any action or refraining from taking any action.

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