how to apply for trademark should i get a lawyer

Prepare and file a trademark registration application that meets all USPTO

requirements. Advise you on the likelihood that your trademark registration will succeed. Respond to issues that come up after your application has been filed and assigned to an examining attorney at the trademark office.

Full Answer

Should I hire an attorney to file a trademark application?

Representing you at the USPTO’s Trademark Trial and Appeal Board. Shielding you from fraudulent solicitations. If you hire an attorney, be aware that your application fees will remain the same, but your overall costs of filing a trademark application will be higher because you’ll also have the cost of your attorney’s services.

Do I need a trademark attorney if I’m domiciled?

If you’re domiciled in the United States, you’re not required to have an attorney. To determine whether you’re required to have a U.S.-licensed attorney, you must provide and keep current your domicile address in trademark filings. Even if you’re not required to hire a U.S.-licensed attorney, consider whether or not you should.

What are the benefits of hiring a trademark attorney?

Benefits of hiring an attorney include: Providing you crucial legal advice about your trademark. Conducting your trademark clearance search before you file an application. Preparing your application accurately. Responding to legal correspondence from the USPTO. Enforcing and maintaining your trademark rights.

Can I represent myself in a trademark case?

According to the Rules of Practicing in trademark cases, “Individuals who are not attorneys are not recognized to practice before the Office in trademark matters.” Applicants always have the option of representing themselves. However, this rule pertains to individuals assisting trademark applicants.

Is applying for a trademark easy?

Registering a trademark is a fairly straightforward process that you can complete in just a few easy steps. This guide will walk you through each step needed to register and trademark your brand name, and answer some frequently asked questions about registering your trademark.

How much should it cost to get a trademark?

$225 to $600The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

What is necessary to get a trademark granted?

Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.

What is the best way to trademark something?

How to Trademark a Phrase: Step By StepChoose an Original and Distinct Phrase. ... Search the USPTO Database for Your Phrase. ... Select the Appropriate Filing-Basis for the Trademark Application. ... Select the Appropriate Class of Goods/Services and Description of the Goods/Services. ... Pay the Appropriate Gov.More items...

How do I copyright my logo?

Fill out the application online on the official site of United States Copyright Office. Besides, you can also submit the application in a paper form. Pay a registration fee (for the logo it's $39) with a card, electronic check or your deposit account with the U.S. Copyright Office.

How do I copyright my brand?

Go to the online registration website and fill out the form for copyright. If your business is located in the United States, go to the official website of the United States Copyright Office to e-file your copyright application. You can also submit your application in a paper form.

How long does it take for a trademark to be approved?

12 to 18 monthsUsually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

Do you need an EIN to trademark?

Generally, businesses need a Federal Tax ID number or an Employer Identification Number (EIN) to legally conduct business. Whether a sole proprietor or a corporation, an EIN is necessary.

Can an individual apply for a trademark?

An individual or a person: Any individual who wants to register their unique words or symbols are eligible to file for trademark registration under their own names. However, it is not necessary that they have to do business.

Should I copyright my business name?

Registering your business name for a trademark isn't required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.

What is the most common reason that a trademark might be rejected?

Likelihood of confusion is the most common reason an application will be rejected by the USPTO. Essentially, if there is a high probability that the general public will confuse your trademark with someone else's (already existing) trademark, your registration will not be granted. The two marks need not be identical.

How do I trademark a name and logo?

Trademark Application Process:Complete a trademark search.Secure your rights.Submit an initial application at uspto.gov on the Trademark Electronic Application System or TEAS.Fill out the TEAS form for an initial application. Be sure to upload the file of your logo.Submit an "intent-to-use" form. ... Pay the fees.

How can a trademark attorney help you?

A trademark attorney can also help enforce your trademark after it is registered by monitoring new trademark applications or uses of your trademark and either opposing the applications or taking action to stop the infringing use.

What are some common mistakes that can be made in trademark registration?

Other common mistakes include: Choosing the wrong filing basis. Submitting an improper trademark specimen. Trying to register something that does not qualify as a trademark.

What does it mean to submit an improper trademark specimen?

Submitting an improper trademark specimen. Trying to register something that does not qualify as a trademark. The USPTO may sometimes allow you to fix mistakes within a very strict deadline. If you're unable to resolve them, it will deny your application.

How much does a trademark denial cost?

Mistakes in a trademark application can cost time and money, and a trademark denial can cost you hundreds of dollars in nonrefundable filing fees. That's why, for many people, a trademark lawyer is money well spent. Make sure your work is protected START MY REGISTRATION. About the Author.

What is a trademark?

Trademark Defined. A trademark can protect the words or symbols you use to identify your business. For example, the Nike Corporation has trademarks in the name “Nike," the swoosh symbol, and the phrase “Just Do It.".

How does intellectual property affect a company?

Although it does not take up physical space, an excess of intellectual property can burden a company, directing limited funds towards maintaining registrations, defending against third-party claims, or creating and marketing a final product. Selling unused or surplus intellectual property can have an immediate positive effect on a company’s finances, generating revenue and decreasing costs.

Does Coca Cola have a trademark?

The Coca-Cola Company has a trademark in the name “Coca-Cola" as well as the way the name looks when written in white script on a red background. The key to trademarks is that they must be used in business.

How to register a trademark?

A trademark attorney can: 1 Identify problems that might arise with your trademark registration. For example, someone else might have common law or state trademark rights that aren’t registered with the USPTO and won’t show up when you search the USPTO’s Trademark Electronic Search System. A lawyer can conduct a more thorough trademark search. 2 Evaluate the strength of your trademark and advise you on choosing a strong mark. 3 Explain how you should use your mark to give it maximum protection. 4 Prepare and file a trademark registration application that meets all USPTO requirements. 5 Advise you on the likelihood that your trademark registration will succeed. 6 Respond to issues that come up after your application has been filed and assigned to an examining attorney at the trademark office. 7 Help you enforce your trademark in the future. The USPTO does not enforce trademarks – that’s up to the trademark owner. A lawyer can help monitor new trademark applications or uses of your trademark and take steps to oppose or stop potentially infringing uses.

How much does it cost to register a trademark?

With a filing fee of at least $275, registering a trademark can feel expensive to a cash-strapped startup. Hiring a lawyer to handle the process may seem out of the question. But a DIY trademark application isn’t always a money saver. If you do it wrong, you can have your application denied, lose your filing fee, ...

Can trademarks be confusing?

The trademark registration process may seem straightforward, but the requirements can be confusing. As a result, trademark owners can make costly mistakes that could have been avoided if the application had been prepared or reviewed by a lawyer. Common mistakes include:

Does the USPTO enforce trademarks?

Help you enforce your trademark in the future. The USPTO does not enforce trademarks – that’s up to the trademark owner. A lawyer can help monitor new trademark applications or uses of your trademark and take steps to oppose or stop potentially infringing uses.

Why are trademark fees higher?

If you hire an attorney, be aware that your application fees will remain the same, but your overall costs of filing a trademark application will be higher because you’ll also have the cost of your attorney’s services.

What are the benefits of hiring an attorney?

Benefits of hiring an attorney include: Providing you crucial legal advice about your trademark. Conducting your trademark clearance search before you file an application. Preparing your application accurately. Responding to legal correspondence from the USPTO. Enforcing and maintaining your trademark rights.

Do I need an attorney to trademark?

Not everyone is required to have an attorney. If you are a foreign-domiciled trademark applicant or registrant, you must have a U.S.-licensed attorney represent you. If you’re domiciled in the United States, you’re not required to have an attorney.

Does hiring an attorney save you money?

However, in the long run, hiring an attorney may save you money because an attorney will know how to best advise you on your trademark’s registrability, prepare your application, and respond to the USPTO on various issues that might arise throughout the process.

Higher Percentage of Approval

You may be thinking that of course a trademark attorney would suggest hiring an attorney, but don’t just take it from us. – A recent study by the University of North Carolina found that applications filed by trademark attorneys did, in fact, have a higher likelihood of approval than those that did not.

Why Hiring a Trademark Attorney Improves Submission Success

One reason for a higher submission success is the comprehensive trademark search. People working without an attorney often conduct a quick search through online search sites, or even Google. These are not comprehensive searches and could leave out results of similar trademarks, which would later be flagged by a USPTO examiner.

Knowing the Process

The attorneys at Gerben Intellectual Property have filed over 8,000 trademark applications. We understand the legal implications of each decision, from conducting your search to selecting the right international classes of goods and services you plan to offer.

Talk to an Attorney

Whether you are just beginning to consider filing your trademark or you’ve begun the process on your own, but don’t know the next steps, contact an experienced trademark attorney today. While the cost to work with an attorney is a little more than filing alone or through LegalZoom, the value far exceeds the expense.

What can an attorney do for a trademark?

Attorneys can provide crucial legal advice. An attorney who is licensed to practice law in the U.S. and experienced in trademark law can advise you about many important legal issues. These include: Determining if your chosen trademark can be legally protected.

What can an attorney do after trademark registration?

After registration, an attorney can also help ensure that all required registration maintenance documents are timely and accurately filed, so you can maintain your registration for as long as you use your trademark . Attorneys can represent you at the USPTO's Trademark Trial and Appeal Board.

Why do trademarks need to be followed?

trademark law and USPTO regulations must be followed because they govern the trademark registration process before the USPTO, proceedings before the Trademark Trial and Appeal Board, and the conduct of attorneys who practice before the USPTO. We take the unauthorized practice of trademark law very seriously.

What are legal services?

Many private companies offer legal services, such as assistance with filings or responding to an office action, or other services. Such services may be legitimate if provided under the supervision of a licensed U.S. attorney.

Can an attorney help you enforce your trademark?

Other sources for common law rights unregistered trademarks. This search occurs before filing your application. Attorneys can help you enforce and maintain your trademark rights. It's your legal responsibility to monitor and protect your trademark from infringement by other parties.

What can a trademark lawyer do?

A trademark lawyer can help you protect your business’s intellectual property assets such as a symbol or logo. Many or all of the products featured here are from our partners who compensate us. This may influence which products we write about and where and how the product appears on a page.

How to protect your trademark?

The best way to protect your trademark is by registering it with the United States Patent and Trademark Office. While it’s possible to register a trademark on your own, most businesses that go through this process, especially those registering a trademark for the first time, are represented by a trademark attorney.

What is the part of trademark registration that could make or break your case?

Out of all parts of the trademark registration process, the part that could “make or break” your case is the trademark search. This is when the lawyer searches for other trademarks that could be found confusingly similar to yours. It’s a common reason that trademark applications are rejected.

How much does a trademark attorney charge?

Trademark attorneys can charge around $500 to $2,000 for the full trademark application process and an additional $400-$500 if any delays or disputes arise in your case. In addition to the fees charged by the trademark lawyer, you’ll have to pay several hundred dollars in government filing fees.

What do you do when you hire an attorney?

When you hire an attorney to work on your case, you also essentially hire the rest of their team. This includes law clerks, paralegals, legal secretaries, and business partners, all of whom may work on your case. Some attorneys delegate a significant chunk of work to clerks or paralegals, and this can cause errors on your trademark application. Ask what work will be delegated, whether the attorney independently reviews all work completed by paralegals and secretaries, and what the attorney will handle on their own.

What is the test for trademark eligibility?

The test for trademark eligibility is whether there’s a “likelihood of confusion” between your mark and another mark. If there’s a similar logo or mark being used by one of your competitors, the likelihood of confusion is high.

Can a trademark be complicated?

However, a trademark application can be particularly complicated and sets in motion several deadlines and requirements that you need to comply with to successfully register your trademark.

Isn't Filing A Trademark Application An Easy Process?

What Makes Registering A Trademark So Difficult?

What’s The Takeaway Here About The Trademark Application Process?

• You’re a busy entrepreneur. You want to build your business and protect your intellectual property. Your to-do list is probably a mile long. Filing and monitoring trademark applications is probably not high on your list of priorities, nor should it be. Leave the legal work to the ones that have been trained to handle these issues, the lawyers. At H...

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