how to know if you need a trademark attorney

To determine whether you’re required to have a U.S.-licensed attorney, you must provide and keep current your domicile address in trademark filings. Even if you’re not required to hire a U.S.-licensed attorney, consider whether or not you should. Be ready to act as your own attorney if you don’t hire one.

Full Answer

Do you have to be a lawyer to practice trademark law?

To determine whether you’re required to have a U.S.-licensed attorney, you must provide and keep current your domicile address in trademark filings. Even if you’re not required to hire a U.S.-licensed attorney, consider whether or not you should. Be ready to act as your own attorney if you don’t hire one. Benefits of hiring an attorney include: Providing you crucial legal advice about …

How do I find a trademark attorney?

Mar 05, 2021 · You can find a lawyer with expertise in trademark law by contacting your local bar association. Many bar associations have online directories or lawyer referral services. Or, you can conduct an internet search for “trademark lawyer” in your locality.

Can a non lawyer represent a trademark before the USPTO?

Jul 17, 2014 · How to Choose A Trademark Attorney. As a small business owner, you’ve probably heard that you need a trademark attorney on your team, but you may not have been told how exactly to choose a trademark attorney. Aren’t all lawyers created the same? The truth is – they are not. Here are a few things to keep in mind when you choose an attorney:

What are the benefits of hiring a trademark attorney?

Apr 22, 2021 · Simply typing the words ‘trademark attorney’ into any search engine will reveal dozens of attorneys that you can approach. You can also find attorneys by asking your friends, family, and colleagues for referrals (though, of course, we recommend our services highly). But simply finding a trademark attorney is not the challenge.

Do I need a lawyer to register a trademark?

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).

Do I need a trademark agent?

Do you 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.

Can I do a trademark by myself?

Yes, you can trademark yourself, as long as you are in connection with your products or services. It is possible for an individual to trademark an image of themselves as a product's logo.

How do I choose a trademark lawyer?

So now you're top priority is going to be finding an attorney with the experience and know-how in trademark law. Ask them straight up what their experience level is with trademark law. How many years of experience do they have? Do they specialize in it (you'll only want to hire someone that does)?

Can you trademark a name without a business?

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. However, as expected, trademark law is quite complex.Feb 2, 2012

What are the 3 types of trademarks?

What Is a Trademark and What Are the Types?Arbitrary and Fanciful Trademarks.Suggestive Trademarks.Descriptive Trademarks.

What is the cheapest way to trademark?

The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.Nov 22, 2019

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 trademark my business 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. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

How much does a trademark cost in the US?

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).

Is LegalShield a good deal?

If you want the security of knowing that you can quickly get a response from a lawyer if you ever need it, LegalShield is a good choice. For a reasonable monthly fee, you can access a lawyer at a leading law firm and get targeted help on specific problem areas for small businesses, such as debt collection.Sep 17, 2020

What is protected under trademark law?

The Concept of a Trademark (1) A trademark shall protect a sign which may be represented graphically and which is capable of distinguishing the goods or services of one undertaking from those of other undertakings.

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.

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.

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.

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.

Reasons to Contact a Lawyer Before Filing for a Trademark

There are many ways in which a lawyer can assist you with your trademark search:

How Do You Secure a U.S. Trademark if Your Company is Based in Another Country?

If your business is based in another country, you may still want to try to register your trademark in the United States. Since trademark law is specific to each country, you will need to obtain a U.S. attorney who can help you navigate the process. You can file for a U.S. trademark without an attorney, though the process can be more difficult.

How Can an Attorney Assist You With Your Trademark Registration?

There are many ways in which an attorney can assist you during the trademark registration process. They can:

Question 1: How many trademark registrations have you obtained for clients?

With the influx of new trademark registration services available, a lot of general practice attorneys, patent attorneys, and others are now offering to help you register your trademark. While many of these individuals are talented attorneys, they are not necessarily trademark attorneys.

Question 2: How involved will an attorney at your firm be in registering my trademark?

When services say “hire a trademark attorney” you may be surprised by how much time an actual attorney spends on your matter. Some registration services allow non-attorneys to draft language and make decisions that could drastically affect the outcome of your trademark registration.

Question 3: How will I know if my trademark is available for registration?

A comprehensive search is the only way to determine how “risky” registering and using your trademark is. Many trademark registration services claim to offer a “search”, or, even an on-line search tool. Unfortunately, most of these searches are extremely limited and incomplete.

Final Thoughts

In today’s marketplace, there is wide range of trademark service providers. The key is finding a service provider that offers a high-quality service at a competitive price.

Ask these 10 things when you want to hire a trademark attorney

For most people, finding and hiring the right attorney can be daunting. When it comes to identifying a trusted trademark attorney to guide your brand in the global marketplace, the task can be even more daunting. Choosing the wrong trademark attorney can be costly.

Cheryl Hodgson

Cheryl is a recognized trademark expert and member of the International Trademark Association, the world’s top brand protection professionals. She Is the founder of Brandaide.

Who can represent others in trademark matters?

Any individual who is an active member in good standing of the highest court of any U.S. state (including the District of Columbia, and any, commonwealth or territory of the U.S.) may represent others before the USPTO in trademark matters.

Can I practice trademark law before the USPTO?

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 program at a participating law school may receive limited recognition to practice in trademark matters.

Why is it important to have a strong trademark?

Having a strong trademark gives you an edge over your competitors. You can prevent them from using your name against you. Since you have exclusive usage rights, no other company can use your mark to horn in on your market. It also ensures that you control the messages associated with your brand.

Can a company be sued for trademark infringement?

That’s because a business name filing offers limited rights, such as the use of the name on taxes and invoices. A registered company can still be sued for trademark infringement, if they inappropriately use a federal trademark.

Is filing a company name the same as registering a trademark?

Filing your company name is not the same as registering a trademark on that name. Every company has to file a company name, also known as a trade name, with the proper state authorities. The bar for registration is typically low.