what kind of a lawyer would i need to register a trademark

A lawyer is not required, but hiring legal counsel is strongly recommended for the process of registering a trademark. While trademarks may be registered with the United States Patent and Trademark Office

("USPTO") as well as with your state's trademark database, this article focuses on registering with the USPTO.

Full Answer

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

Author: CLG Attorneys. If you are an American citizen and/or you are an American company that has established its business entity within the United States, you are not by law required to have an attorney file your trademark application. However, if you a foreign citizen and/or a foreign company, you are required to have a U.S Attorney apply for and manage your trademark with …

What are the requirements to practice trademark law?

Sep 10, 2019 · Foreign Trademark Registrants are Now Required to Hire a U.S. Attorney. As of August 3rd, 2019, the USPTO will now require foreign trademark registrants to hire a U.S. trademark attorney to file their applications. Though it is highly recommended, United States citizens, permanent residents, and those filing through the Madrid Protocol are not required to …

Why hire a trademark attorney?

Mar 18, 2022 · Trademark attorneys have experience prosecuting trademarks before the U.S. Patent and Trademark Office (USPTO). Because trademark registration is a legal proceeding with strict procedures and deadlines, a lawyer familiar with the process can handle registration more efficiently than you can on your own. A trademark attorney can:

Can attorneys represent others before the USPTO in trademark matters?

A lawyer is not required, but hiring legal counsel is strongly recommended for the process of registering a trademark. While trademarks may be registered with the United States Patent and Trademark Office ("USPTO") as well as with your state's trademark database, this article focuses on registering with the USPTO.

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.

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.