how to contact a trademark attorney for free

Full Answer

How do I get help with a trademark application?

For such advice, consider hiring an attorney with experience in trademark matters. The problem or issue that you are having. For questions about your application or registration, contact the USPTO staff person listed in your USPTO communication.

Do I need a lawyer to register a trademark?

No, if you are a trademark applicant, registrant, or party domiciled in the United States or its territories. Nevertheless, we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you through the registration process. For more information about this, see the spring 2019 USPTO trademark rules change.

What happens if you take legal advice before filing a trademark?

Your trademark submission can be rejected, or the legal validity of your trademark registration could be jeopardized, if you take advice or receive assistance from someone who is not authorized to practice law before the USPTO. We also take very seriously the competency and conduct of attorneys who practice before the USPTO.

How do I contact the USPTO Trademark Office?

See the other trademark contact information page for their contact information. . You will generally receive a response within two hours if you emailed us on Monday - Friday 8 a.m. to 8 p.m. ET. Using the USPTO payment page: Call the USPTO helpdesk at 1-800-786-9199 and select option 3, then option 4.

Can I do a trademark search for free?

You may conduct a free online search of the USPTO database at the Public Search Facility (Madison East, 1st Floor; 600 Dulany Street, Alexandria, Virginia) between 8:00 a.m. and 8:00 p.m. USPTO personnel may not conduct trademark searches for the public. Private trademark search firms will conduct searches for a fee.

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 much does it cost to file a trademark intent?

An Extension Request is a sworn statement that the applicant still has a bona fide intention to use the mark in commerce, but needs additional time actually to use the mark. A filing fee of $125 per class of goods/services must be paid with the Extension Request.

What is the purpose of a trademark attorney?

It's your legal responsibility to monitor and protect your trademark from infringement by other parties. An attorney can help you understand the legal scope of your trademark rights and advise you on the best way to monitor and enforce those rights.

How long does a trademark last?

Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.

Can I apply for a trademark myself?

So, an individual can file for the registration of his trademark himself. The application can be filed online through the e-filing gateway available at the official website or in writing with the Indian Trademark Office (TMO).

How often do you pay for trademark?

Maintaining your registration For example, every ten years you must submit a declaration of use and/or excusable nonuse and an application for renewal. This has a filing fee of $525 per class of goods or services. Therefore, if you have two classes of goods, you'll pay $1050 ($525 plus $525).

Do I need to trademark my business name?

There's no legal requirement for you to register a trademark. Using a business name can give you 'common law' rights, even without formally registering it.

How much does it cost to trademark a saying?

If you have ever asked yourself how much does it cost to trademark a phrase, according to the current fee schedule on the USPTO, trademark registration fees cost $275 per mark per class. If you need an attorney's assistance, the cost averages around $1,000 to $2,000.

Do I need a trademark agent?

No, you do not “need” to hire a trademark agent to represent you before CIPO – you can act for yourself. But, bear in mind that you do not “need” to hire a dentist to help with your toothache either. Trademarks are complex, and the costs of making a mistake can be serious.

How do you legally trademark a name?

Key takeaway: To register and trademark your brand name, search the TESS database for similar brand names, fill out the trademark application and submit it to the USPTO for review.

How do I trademark my logo?

A unique logo can be trademarked by registering it with the USPTO. Anyone can apply online on the USPTO website if the business for which they're authorized to file is principally located inside the U.S. If based outside the U.S., a patent attorney will be required to make the filing.

How long does trademark approval take?

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.

What is the difference between copyright and trademark?

Copyrights primarily protect the rights of people who create literary, dramatic, musical, artistic, and certain other intellectual works (like history tests, and software code). Trademarks protect the use of a company's name and its product names, brand identity (like logos) and slogans.

How do you copyright a legal name?

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.

What is a common law trademark?

A common law trademark provides protection for a symbol, logo, product name, or other words or marks that identify the source of goods or services before it is registered with the state or federal government.

What is a TAC?

The Trademark Assistance Center (TAC) can only answer general questions about the trademark process or our Trademark Electronic Application System (TEAS) forms. For contact information of other areas at the USPTO, see below. Also, USPTO staff cannot give any legal advice. For such advice, consider hiring an attorney with experience in trademark matters.

What to do if USPTO is unavailable?

If your assigned USPTO staff person is unavailable, then you may contact the unit supervisor. See the other trademark contact information page for their contact information.

How to contact the Trademark Trial and Appeal Board?

Filing submissions to the Trademark Trial and Appeal Board (TTAB): Email [email protected]. (link sends email) . Include any ESTTA tracking number in your email. Or call the TTAB at 571-272-8500 Monday - Friday 8:30 a.m. to 5 p.m. ET.

Where is the USPTO located?

For information on the USPTO headquarters in Alexandria, Virginia, and four regional offices, see the USPTO locations page.

What can an attorney do for me?

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:

Why must my attorney be licensed to practice law in the United States?

Non-U.S.-licensed attorneys and non-attorneys do not meet this criteria and cannot represent you in a trademark matter at the USPTO.

How can an attorney help you with a trademark?

An attorney can let you know if your trademark should be available for your use and registration and decrease the possibility of you having costly legal problems by conducting a comprehensive clearance search for potentially conflicting trademarks and providing a legal opinion.

How to determine if a trademark is legal?

Determining if your chosen trademark can be legally protected. Determining the appropriate filing basis for your trademark application. Preparing and filing a trademark application with the USPTO that is complete and accurately identifies your goods and services. Selecting an appropriate specimen that shows how your trademark is used in commerce. ...

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 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.

What is the legal responsibility of a trademark?

It's your legal responsibility to monitor and protect your trademark from infringement by other parties. An attorney can help you understand the legal scope of your trademark rights and advise you on the best way to monitor and enforce those rights.

How much does the USPTO charge for a teas application?

Currently, the USPTO charges $250 for a TEAS Plus Application or $350 for a TEAS Standard Application per class of goods and services for each application. Additional fees will be charged for filing a Statement of Use or Request for Extension for an Intent-to-Use application.

What is ask IP law?

ASK IP LAW guides its clients through the trademark application process, beginning with selecting a strong mark and identifying the goods and services used in connection with your mark. A mark that may be great for marketing purposes will not necessarily be accepted by the USPTO. A non-exhaustive list of services and flat fee rates are provided below. Should you need assistance with a trademark matter not listed below, please contact ASK IP LAW.

Why is the USPTO refusing to register a trademark?

The USPTO may refuse registration of an applicant’s mark on the grounds that it resembles another mark and would create a “likelihood of confusion” as to the source of the goods or services. While you may not come across any direct conflicts for your mark, the USPTO considers multiple factors when determining whether a likelihood of confusion would exist between marks. These factors include the similarity of the appearance, sound, connotation and commercial impression of the marks, and the relative closeness of the goods/services being offered.

What is a potential conflict report?

report of potential conflicts for marks that are similar in sight, sound, or appearance for the same or coordinated classes of goods and services

What is a trademark?

A trademark is your brand, and likely your company’s most valuable asset. Your brand allows customers to identify your goods or services with your business. Filing a trademark application with the United States Patent and Trademark Office ( USPTO) is one of the first steps to protecting your brand.

What does the ® symbol mean?

Use of the ® symbol to put the public on notice that your mark is federally registered.

What is consultation in tax?

Consultation to gather necessary information for the filing.

Why Choose Us?

We are licensed US trademark attorneys offering professional trademark services at flat fee prices. We serve clients across all 50 States and Internationally.

How to contact a trademark attorney?

You can have a complimentary consultation with Flat Fee Trademark by calling us at +1 (800) 769-7790, or via Live Chat in the sidebar. Unparalleled Client Service.

How long does it take to get a trademark?

Once your application is filed, the federal trademark process takes approximately 8 to 12 months.

Introduction

A trademark attorney is deemed to be a legal individual, who provides useful advice about the various legal characteristics of filing new trademark applications, opposition applications, granting trademarks, and more. For training as a trademark agent, the attorney needs to clear a preliminary examination that is administered by Trademark Registry.

TRADEMARK ATTORNEY

All applications under the requirements of a TM-G are rendered in duplicate and sent to or accepted by that office of the Trade Marks Registry within whose territorial jurisdiction the primary place of business of the applicant is placed.

FAQs

Anyone who is above 21 years of age, a graduate of any institute in India or has equivalent qualification. Such person must also clear the examination provided under Rule 148. Alternatively, he/she could be an advocate or member of Institute of Company Secretaries of India.