INVESTIGATIONS FAQS:

QUESTION: Our company finally settled on a trademark, only to discover that someone else filed for the same name a few days before we did. Can you find who used the name first in commerce?

ANSWER: A discreet and confidential investigation to discover priority is key. Not only will we research the Internet, news databases, business directories, fictitious business name filings, and corporate records. We will also contact the other party under pretext in an effort to corroborate their first use date with as many internal sources as possible. Additionally, we'll speak with the principals up and down their avenues of trade and channels of distribution.

QUESTION: We're clearing a large number of names in several countries. Can you help clear all the specific names we've chosen and variations on those names?

ANSWER: Investigating high volume international requests and turning the information around quickly without sacrificing quality is a Marksmen specialty. We save you time and expense through our flat-rate billing while pro-actively winnowing down the field to a clear choice.

QUESTION: Do you have offices around the world in order to conduct investigations internationally?

ANSWER: No we do not. We make direct contact with the trademark registrant or infringer ourselves from one of our offices in the U.S., as investigating issues peculiar to IP are our specialty. We do however rely on a network of 35,000 licensed private investigators around the world to go on-site and take a picture or make a product sample purchase.

QUESTION: Is language an issue in conducting an international investigation?

ANSWER: No. We make every attempt to conduct our investigations in English, but in some countries this is difficult, if not impossible. In these instances, we use a translation service that covers over 170 languages worldwide and will, in real time, translate our investigations over the phone while we are conducting them.

QUESTION: We own a well-known brand and suspect that it's being infringed in various places around the world. What can we do to gather evidence in these locations?

ANSWER: We have established a network of investigators who can go on-ground anywhere in the world if need be and pick up product samples, literature and/or take photographs or video. We have been very successful in coordinating on-site visits in multiple locations and delivering that information under tight deadlines.

QUESTION: What kind of information do we need to provide to Marksmen in order to conduct an investigation?

ANSWER: Anything you know about the entity we are investigating and anything you have done to date in trying to determine that. A short checklist would include:

• Correct spelling of the name of the entity/individual
• If known, any contact information you have (including old address/phone number)
• Your source of concern (where and how did you become aware of a problem that needs investigating)
• Contact made with target entity? Yes or No, if yes, how?
• Goals for the investigation (clearing a mark? Need info prior to a C&D letter? Need a hard address to serve process?)
• Is this time sensitive? (pressing court deadline or filing date)
• Budgetary concerns

(Please see our Investigative Primer for more details on information exchange for a successful investigation.)

QUESTION: What is the standard turnaround for an investigation?

ANSWER: Five business days for clearance/infringement investigations. Ten days for investigations that involve going on ground (to take photographs of signage, purchase product and/or gather any other evidence at the location in question). We also offer expedited delivery at a premium.

QUESTION: What do your investigative reports include?

ANSWER: Our reports can include any or all of the following:

• Brief profile of the entity we are investigating
• Detailed description of the goods/services associated with the trademark
• First use date and current use of the mark
• Avenues of trade
• Channels of distribution
• Geographic scope
• Use of the mark on the Internet
• Abandonment disposition

QUESTION: What do your investigations cost?

ANSWER: We charge a flat rate for clearance/infringement investigations that corresponds to where the registrant is located in the world (plus disbursements). Any special project investigations or on-site investigations are billed hourly (plus disbursements). Please note, we estimate four hours billed on average for on-site investigations. Please contact us for current rate sheets.

QUESTION: How do I order an investigation from Marksmen?

ANSWER: If you are new to our site, complete this form with your contact information and for the service you require. You will then be set up as a client and can make future requests (and pick up your reports) through your online account.

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