how to get a federal trademark lawyer

To find an attorney who can represent you before the USPTO

in trademark matters, you can consult U.S. telephone listings or the internet, or contact the attorney referral service of a U.S. state or local bar association (see the American Bar Association's Consumers' Guide to Legal Help).

Full Answer

Do I need a lawyer to file a trademark?

Mar 22, 2017 · Becoming a trademark attorney. As noted above, U.S.-licensed attorneys need not apply for registration to practice trademark law before the USPTO. If you are a law student interested in becoming a trademark attorney, you may want to consider participating in the USPTO’s Law School Clinic Certification Program. Only law students enrolled in the clinic …

Can attorneys represent others before the USPTO in trademark matters?

Jun 28, 2021 · To find an attorney who can represent you before the USPTO in trademark matters, you can consult U.S. telephone listings or the internet, or contact the attorney referral service of a U.S. state or local bar association (see the American Bar …

What are the requirements to practice trademark law?

Obtaining a Federal trademark registration is generally a two-step process. The first is the search step. The second is the application step. Oftentimes, trademark applicants proceed straight to the second step without conducting any sort of rigorous search process. However, if the trademark search step is skipped then the company seeking ...

How does the trademark application process work?

Dec 18, 2019 · USPTO 101: Yes, You CAN Get a Federal Trademark without a Lawyer! As your company, brand, and/or influence grows, you might start to worry about someone else using the same or similar name, website, social media handles, or logo and stealing your unique ideas. In business law, this is called “copyright infringement” and “creating ...

Do I need an attorney to register a trademark in the USA?

No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO).

How much does it cost to register a federal trademark?

No matter how you file, you will pay a minimum of $250 to apply for a Federal trademark.Mar 25, 2022

What is the cheapest way to trademark?

The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS). Remember that you can only register one trademark per application.

How long does a trademark last?

In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.Mar 21, 2019

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 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.

What is a federal trademark?

A federal trademark is a symbol, word, or words legally registered or established by use as representing a company or product within the United States. 10 min read. Understanding how to obtain a trademark requires an understanding of what a trademark is and its purpose. A federal trademark is a symbol, word, or words legally registered ...

How important is it to get a trademark?

Selecting a strong mark accomplishes several goals. First, a strong trademark will be more likely to receive approval from the USPTO, which requires registered trademarks to be distinct and original. Second, and perhaps most importantly, it is much easier to prevent unauthorized use of a strong trademark than it is a poorly designed or generic mark.

What is standard format?

Standard format - Used for the basic word, words or numbers of the mark. For example, one of Google's first trademarks was for the standard format mark "GOOGLE" without the green, yellow, blue and red we know so well. For your first trademark, this is the most standard mark format because it is much broader.

What is a teas?

The Trademark Electronic Application System (TEAS) is an online filing system that allows you to fill out an application form, check it for completeness, and then submit the application directly to the USPTO over the Internet. You must decide which version of the form to file, namely, either a TEAS Plus application or a regular TEAS application. The United States Patent and Trademark Office website has a 22-step TEAS tutorial.

What is descriptive mark?

Descriptive: A descriptive mark is a trademark that uses a word, picture, or phrase to describe a product. If your company produces snack cakes, and you use a picture of a snack cake as your company's trademark, this would be a descriptive mark. In general, descriptive trademarks cannot be registered.

What is suggestive trademark?

Suggestive: A suggestive trademark is used to indicate the quality of your product without actually describing your product. An example of this would be marking a calendar Day-by-Day. Arbitrary: Arbitrary trademarks use words with a known meaning that is unrelated to the product you are providing.

What is the Madrid system?

The Madrid System allows for international registration of trademarks. The United States , as well as 95 other countries, have adopted this trademark registration system. With the Madrid System, you can fill out a single application in your native language, and you will receive trademark protections in the countries of your choice.

What is federal trademark?

Federal Trademark: What is it? A Federal trademark is a brand, whether it be a word, symbol, or name, used to identify a specific good or service.

How much does it cost to register a trademark?

There is generally a filing fee of between $275 and $375 per class of goods/services. The process itself can take between one to several years, depending on the complexities of your application. You may need a qualified attorney to help you register a federal trademark.

How long is a trademark good for?

Immediately after a trademark is put on the USPTO’s Principal Register, a certificate is mailed to the owner; the certificate states that the trademark is good for a period of 10 years. The registration can be renewed for an indefinite period of time in 10-year increments.

What is the meaning of the flag?

U.S. flag. Federal/local government insignia. Words/symbols that ridicule people, entities, religious beliefs, or national symbols. Names of living persons unless they give consent. Names of deceased persons unless the widow provides consent. Immoral or scandalous marks. Trademarks that are offered in only one state.

Can you use TM or SM?

State trademark protection doesn’t give you the right to use the symbol. You can only use either TM (for a trademark) or SM (for a service mark ). Some things to keep in mind for federal trademark registration include: You must file your application with the USPTO.

Apply for a trademark

How do I apply using the Trademark Electronic Application System (TEAS)?

Laws and rules

The United States Patent and Trademark Office (USPTO) welcomes Tricia McDermott Thompkins as a new interim member of