how to find a trademark attorney

How do I find an attorney to represent me before the USPTO?

Mar 22, 2017 · The names of attorneys who specialize in trademark law may be found in the telephone yellow pages, or by contacting a local bar association. Most state bar websites offer a searchable online registry of their attorneys, and many bar associations operate attorney referral service programs.

Do I need an attorney to register a trademark?

Jun 26, 2021 · 3. Bar associations. State and local bar associations often have lawyer referral services where you can find lawyers practicing in specific areas. These include both online directories and phone numbers you can call to get a referral to a …

What does a trademark lawyer do?

Feb 19, 2017 · No reputable trademark attorney will rely on free databases alone as they lack the functionality needed to make comprehensive assessments. While government databases can determine if your exact candidate is already in use, they cannot evaluate phonetic or …

Who can represent me in a trademark application,registration,or TTAB proceeding at the USPTO?

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 …

How much does it cost to defend a trademark?

The cost to file an application with the USPTO can be as little as $225. But the total trademark lawyer cost could be more than $1,500. This includes lawyer fees to file the application and to manage the process after registration.Jun 24, 2020

How much does it cost to do a trademark search?

A reasonable trademark search costs from $500-$1500 or more. At this price, the search would include an attorney analysis of the results. Note that many trademark attorneys include the trademark search in their overall trademark package.Oct 5, 2020

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).

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

How do I check if a name is trademarked?

Steps to Check for a Trademark Log in to the official website of trademark registration in India: https://ipindiaonline.gov.in. Click on the trademarks tab and then click on public search.Dec 7, 2021

Can I register trademark myself?

Yes, it is possible for a common man filing a trademark to not appoint an attorney, especially when all the laws and rules are properly laid down for a trademark to be filed. Any layman who wants to register a trademark can apply himself.

What are the three requirements for trademarks?

What Are Trademark Requirements?Provide your name and address as owner of the trademark.State the entity type (individual or corporation) and your national citizenship.Demonstrate actual use or a real intent to use the trademark in commerce.Give a detailed description of the product being trademarked.More items...•Jul 8, 2020

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 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 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.

What is the INTA?

The International Trademark Association’s (INTA) pro bono clearinghouse was created to help low-income individuals and nonprofits and charitable organizations with low operating budgets get free legal representation on trademark issues. If you’re able to demonstrate a financial need, the INTA will try to match you up to a lawyer or law firm that is a member of INTA and who can help you free of charge.

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 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.

What a trademark lawyer can help you with

The trademark registration process, especially for a first-time applicant, can be long and confusing. There are many deadlines to follow, and if you make a mistake with your application, the USPTO will not refund your registration fees. For this reason, it’s wise to hire a reputable trademark attorney.

How to find a trademark lawyer

If you’d like a lawyer to help you with a trademark issue, you’ll need more than an ordinary business lawyer. You’ll need a dedicated trademark or intellectual property attorney, someone with specialized expertise to see your trademark registration or dispute through to a successful completion.

Free legal help for trademark issues

The resources above are great if you have a budget for a lawyer or legal services, but you might not be so lucky. Maybe you’re not profitable yet or you’re a brand-new business that’s just trying to get off the ground. Did you know that free legal assistance may be available?

6 questions to ask to evaluate a trademark lawyer

Once you use the channels above to make a shortlist of lawyers, how do you choose which trademark attorney will be the best partner for you and your business? It’s important to choose wisely because getting a trademark can be a long process, taking six months to one year on average, and the work isn’t really over even after you secure the trademark.

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.

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.

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.