Yes, it’s your burden. Furthermore, it’s not enough to just check with the U.S. Patent and Trademark Office, because states also register marks and there are also enforceable unregistered marks. If you really want an unchallengeable mark, you have to hire someone to do a trademark search. For some businesses, it isn’t worth it, because if someone comes along and claims senior rights in a mark, it’s easier and cheaper just to change your own mark. It really depends on your specific business circumstances whether it’s important to you to have a mark you can defend in the long run.
That’s usually the first step, yes.
Some businesses don’t register because it doesn’t make any sense for them to. But registration is no guarantee that there won’t be clashes with other businesses. Whether or not you register, if you believe that it’s important for you to have a mark that you can keep in the long run, you have to be prepared to spend money defending that mark.
You should read the site to make sure that they don’t somehow also own the right to the mark, but also manage to pass on the liability to you. This is what we in the industry call “trying to pull a fast one.”
To expand further on ascenray’s answer, the legal standard in the industry is to use Thompson or rather Trademark.com. Anyone who tells you that they do otherwise is, imo, not providing you with best in class service (did I really just type that? I’ve been working my corporate gig too long). Thompson is expensive which will further add to the cost to prosecute your trademark, but is much, much cheaper if you find yourself before the TTAB.
A good average price for just the prosecution is about $1000. This can be much greater depending on the complexity of the mark and if mark will be used on different service classes. Btw, it’s also $275 for each additional class. Some firms charge an additional fee to do a search and provide an opinion, that could also be another $1000. A good average flat fee, all-in type service is between $1500-2000. In my experience at my private side practice, I find those who charge less provide questionable service, generally, and perhaps find different ways to charge fees. There can be a lot of liability involved (as evidenced by my insurance premiums) as well as actual work, so I really do question firms that charge basement fees.
I’m of the opinion that it’s best to go through with the trademark, especially if one conducts a majority of business on the internet. I’ve had several clients become an overnight sensation. My company’s policy is to trademark everything, because the theory essentially boils down to “you never know.”
It would be futile for them to sue review sites, forums, etc., for using the term “netbook” in a generic sense. A trademark holder does not have rights to prevent the general public from using a mark generically. They can write whiny letters, but they have no cause of action. Using a term in a review is not “use in commerce,” so it can’t be infringing. They only have the right to prevent people from using their trademark as an indicator of the origin of goods or services in a confusing manner.
It will howveer be raised as a citation by the USPTO examiners against subsequently applied for marks which are identical or substantially similar. So it does have a slight inherently defensive nature.
You should definitely consult with an attorney on this. There are lots of aspects including what to do with the mark if you are exporting the goods or services, in relation to overseas protection. Just make sure you get someone with a track record - I have been fooled before by referring work to people who say they know what they’re doing only to find out they are patent litigators with no TM expertise.