how to find a good trademark lawyer

by Angela Reichert II 7 min read

  • USPTO Connects Trademark Lawyers. The United States Patent and Trademark Office (USPTO), a federal agency that reviews trademark applications, helps businesses find a trademark lawyer.
  • Search Classified Ads For Attorney Services. Finding a trademark attorney can be just as simple as looking through the classified listings or seeing an ad.
  • Interview Lawyers In Your Local Area. Additionally, you can interview local trademark attorneys in your area. ...
  • Check The Local Bar Association Listings. Another way to find a trademark lawyer for your business is through your local bar association. ...
  • Contact Any Attorney Referrals From Your Network. Getting a referral from a friend, family member or colleague can be another smart way to find a trademark lawyer.

What should I look for in a trademark attorney?

When looking for a top lawyer in trademark and intellectual property, keep the following things in mind: Are they specialized in trademark law? Usually, an attorney who advertises themselves as being adept in all areas isn't the best option for any area. An attorney that specializes in trademark law is the best choice.

Do I need a lawyer to register a trademark?

An attorney who is experienced in registering trademarks in a field similar to yours will be in a better position to describe your product or service in the trademark application. During your search for an attorney, you may run into non-legal professionals offering their services. Do yourself a favor and avoid those.

What services does a trademark attorney provide?

Some of the other services provided by a trademark attorney include evaluating your trademark, filing your trademark application, and defending against application refusals. A trademark attorney will help you identify whether or not there are other trademarks that might prevent yours from being registered.

What is the difference between a trademark&service mark?

Even the names "Apple" and "Microsoft" are trademarks, as they relate to business use. For companies that sell services rather than goods, a concept similar to a trademark exists. This is called a service mark. It provides the same protections as a trademark, but just refers to a different kind of business.

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How much should it cost to get a trademark?

The 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).

Can I do a trademark search on my own?

Conduct the Search. Search on TESS--the USPTO's web-based Trademark Electronic Search System-at your local Patent and Trademark Resource Center (www.uspto.gov/ptrc) or at home if you have Internet access.

Where is the best place to trademark a name?

Best Trademark Registration Services 2022The Best Trademark Registration Services of 2022.LegalZoom.Trademark Engine.Rocket Lawyer.JPG Legal.Trademark Plus.TrademarkCenter.Trademark Factory.More items...•

How do you trademark a name quickly?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer's help. The simplest way to register is on the U.S. Patent and Trademark Office's Web site, www.uspto.gov.

Should you pay for a trademark search?

A comprehensive trademark search is critical to ensure your brand can grow with your business. While it's costly up front, the amount of money it could save you in the future is much, much higher. Keep in mind, not all “comprehensive” trademark searches are truly comprehensive.

How long does trademark last?

Life of a trade mark Your trade mark registration lasts for ten years from its filing date. You can renew your trade mark registration 12 months before your renewal is due, or up to six months after.

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 long does it take to get a trademark?

around 18-24 monthsAns: Trademark Registration is a lengthy process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually issued within one or 2 days after filing.

How much does it cost to trademark a name and logo?

The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) is $275–$660 as of June 2020, plus legal fees. You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection.

Can you trademark a name for free?

Can I trademark a name for free? You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business.

What's the point of trademark a name?

A trademark protects the specific, unique name, logo, and symbols pertaining to your products or business brand. Trademark protection may apply to business names, symbols, logos, sounds, and even colors that are emblematic of one specific brand.

Do I have to trademark my logo?

To protect your logo, you need a trademark or service mark (trademarks are generally used for products, while service marks are usually applied to services). You should not copyright or patent a logo design.

How to Find the Best Trademark Attorney: Seven Questions to Ask

While there may not be as many trademark attorneys as there are dentists, there are enough to make you wonder: Am I working with the best? What is their experience? How would I even know? When evaluating potential candidates, many factors must be considered. After all, this person is being entrusted with a high level of responsibility.

Final Thoughts

The trademark search, clearance, and registration processes involve highly specialized, time-consuming tasks. That’s why you need to outsource the work to experienced, qualified, IP professionals, who can advise you appropriately and save you time and money during your search for a new brand name.

Who has the authority to exclude a person from serving as an attorney, correspondent, signatory, or domestic representative in?

The Commissioner for Trademarks possesses the authority to exclude a person from serving as an attorney, correspondent, signatory, or domestic representative in trademark matters before the USPTO, when appropriate.

Can the USPTO help with attorney referral?

Most state bar websites offer a searchable online registry of their attorneys, and many bar associations operate attorney referral service programs. The USPTO cannot aid in the selection or recommendation of an attorney. You may also consider the services of the Law School Clinic Certification program. All attorneys and agents practicing ...

USPTO Connects Trademark Lawyers

The United States Patent and Trademark Office (USPTO), a federal agency that reviews trademark applications, helps businesses find a trademark lawyer. They promote pro bono programs such as the American Bar Association and The International Trademark Association (INTA) for businesses who cannot afford the full charge of a trademark lawyer.

Search Classified Ads For Attorney Services

Finding a trademark attorney can be just as simple as looking through the classified listings or seeing an ad. Finding any intellectual property lawyer can be easy and painless because trademarks a popular service provided by IP lawyers.

Interview Lawyers In Your Local Area

Additionally, you can interview local trademark attorneys in your area. When driving your business district, you will find many local attorneys who can do trademark services. You want to find someone that is compatible with your business. A compatible lawyer with your business put your best interests first.

Check The Local Bar Association Listings

Another way to find a trademark lawyer for your business is through your local bar association. Usually, bar associations will keep an online directory or referral services. Bar associations will accurately lead you to a lawyer with expertise in trademark law. This will make the whole process of filing your trademark registration a lot easier.

Contact Any Attorney Referrals From Your Network

Getting a referral from a friend, family member or colleague can be another smart way to find a trademark lawyer. If someone you trust shares a recommended trademark lawyer, you would probably respect their opinion more than anyone else. You will know this lawyer has successfully impressed someone you know or love.

Can you put a price on experience?

You cannot put a price on experience. Degrees are important, but experience is just as significant. An experienced trademark attorney will be familiar with the common pitfalls and errors linked with the trademark registration process. He or she will be able to review your trademark application and point out errors that you otherwise would have missed.

Is it bad to contact a trademark attorney?

This is why contacting trademark attorneys through referrals or advertising services is sometimes a bad idea. Such lawyers are likely to end up swamped with trademark requests, which they then delegate out. If you are going to use such services, take some time to vet the attorney.

Is it expensive to hire a trademark attorney?

Some people believe that hiring a trademark attorney is costly. However, in most cases, it is ultimately more costly not to hire one. When it comes to choosing an attorney, make sure you select someone who is willing to work for you. The job of a trademark attorney is not simply to get a trademark for you, but to evaluate the different options you have and give you the recommendations that make the most sense for your business.

How to find a trademark lawyer?

Once you've got a list of what to look for in your attorney, you're ready to start your search. Fortunately, there are a few easy ways in which you can find a trademark lawyer in your city. Follow these steps to find a great trademark lawyer: 1 Make a List: The first step is to make a list of attorneys in your area. You want at least four and up to a dozen names on this initial list. 2 Background Checks: Second, check out each attorney on the USPTO website. Using the advanced search function, you can search on the lawyer's name. Try the last name first, then use the first name if needed. If the attorney is part of a larger firm you can search by the senior partners of the firm, but you'll need to clarify later that the specific lawyer you're considering was involved in the cases you find. 3 Interview: Next, interview the top few attorneys on your list. Get a feel for their outlook, their personality, their experience, and their knowledge of the field. Get to know whether they're experienced not just with trademarks, but with your specific industry. A lawyer with a lot of experience in restaurant trademarks may not be the best for a technology startup.

What does it mean to hire a trademark lawyer?

Hiring a trademark lawyer also means getting help understanding the complex requirements of intellectual property law. Some of the information that you and your trademark lawyer may discuss includes:

How long do trademarks last?

Trademarks last indefinitely, as long as they are defended, but registration for continued use of the ® mark must be done in cycles. You'll need to file for maintaining your mark between five and six years after your initial registration. You'll then have to file between years nine and ten, and then every ten years thereafter. If your registration is canceled, it can sometimes be very difficult to get it registered again.

How to protect your brand?

The best way to protect that brand, as well as any slogans, designs, or other identifying marks, is through the use of one or more trademarks. Trademarks provide protection and exclusive use of those unique marks that give your brand an identity and creative edge. An effective trademark will stick in your customer's minds and help drive your business. This is why it's so important to protect your trademark, which is a form of intellectual property (IP).

How to find a lawyer for a USPTO case?

Background Checks: Second, check out each attorney on the USPTO website. Using the advanced search function, you can search on the lawyer's name. Try the last name first, then use the first name if needed. If the attorney is part of a larger firm you can search by the senior partners of the firm, but you'll need to clarify later that the specific lawyer you're considering was involved in the cases you find.

What happens if you don't provide documentation for a trademark?

Documentation: Registering for a trademark requires a high-level of documentation. If you fail to provide a piece of documentation, your registration may be denied. Your trademark lawyer will know exactly what information you will need to provide to earn your trademark and will be able to help you organize and submit this information to the USPTO.

Why do you want an attorney close to you?

It makes for easier communication and much more convenient meetings, and it's likely that you'll have more than a few of these.

Why is the law the most valuable?

The law is the most valuable when it prevents people, familes, businesses and communities are protected from wrongful actions and from suffering inju... Read More

Why is the law important?

The law is the most valuable when it prevents people, familes, businesses and communities are protected from wrongful actions and from suffering inju... Read More. stices. In instances where injustice has already occured, then the law must ensure that those injured are fairly compensated. Succeeding in the legal system almost always often ...

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