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A trademark attorney is a lawyer with specialized knowledge and skills in trademarks, which are protected words, symbols, or phrases used a company to differentiate its products from those of a competitor. While a trademark attorney can assist with a wide range of issues, filing a trademark application is one of the most common.

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2. Trademark attorneys conduct proper trademark searches

The second thing a good trademark attorney can do is conduct a proper search on your trademarks before you adopt them as part of your marketing and branding strategies. This way, you don’t waste money on trademark applications that are almost certainly going to be refused and you can identify potential conflicts before it becomes a huge problem.

3. Trademark attorneys develop a proper filing strategy

The third thing a good attorney can do is help you with a filing strategy for your trademarks. For example, many clients want to register their name, logo, and slogan in on neat package, but this is often not the best strategy.

4. Trademark attorneys draft your trademark application

The fourth item is that trademark attorneys help draft proper trademark applications that meet the technical specifications of the United States Patent and Trademark Office (USPTO).

5. Trademark attorneys respond to Office Actions and refusals

The final way a trademark attorney adds value to your application process is by responding to office actions or refusals.

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.

How to challenge a trademark?

If a party believes that either they’d be harmed by registration of your trademark or your existing trademark registration should be canceled because it conflicts with theirs, they can challenge the registration of your mark by filing an opposition or cancellation proceeding with the TTAB. Likewise, you can challenge someone else’s trademark application or registration at the TTAB by filing an opposition or cancellation. Oppositions and cancellations are trial proceedings similar to litigation in federal court.

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.

Can USPTO employees give legal advice?

Although USPTO trademark examining attorneys can provide information about the federal registration process, USPTO employees cannot give you legal advice.

Do attorneys have to abide by the USPTO?

We also take very seriously the competency and conduct of attorneys who practice before the USPTO. All attorneys who practice before us are subject to our disciplinary jurisdiction and must abide by the USPTO Rules of Professional Conduct. These require that the attorney:

What Do Trademark Attorneys Do?

When a company uses a name, logo, or slogan in commercial activity, they acquire a common law trademark. To receive a higher level of protection, they can register that trademark. A trademark attorney specializes in the proactive protection and legal defense of this intellectual property.

How to Become a Trademark Attorney

To become a trademark attorney, you need a Master of Laws degree. That means you must first complete a Juris Doctor program from a school approved by the American Bar Association, then apply to an LL.M. program that focuses on trademark law.