what to look for in a trademark attorney

What to Look for in a Trademark Attorney

• Choosing the Right Trademark Attorney to Protect Your Brand. If you’re an entrepreneur or small business owner, you’re...
• Expertise in Trademark Law. Trademark law is a highly nuanced field that involves specific skills, training, and...
• A Track Record of Successfully Registered Trademarks. Any attorney can file an application to...

Full Answer

Do I need a lawyer to register a trademark?

What to Look for in a Trademark Attorney Choosing the Right Trademark Attorney to Protect Your Brand. If you’re an entrepreneur or small business owner, you’re... Expertise in Trademark Law. Trademark law is a highly nuanced field that involves specific skills, …

Can a U.S. Attorney represent someone else in a trademark case?

Jan 25, 2017 · One of the top qualities you should be looking for is a lawyer with common sense who can always keep their eyes on the prize – you making a profit off of your invention. People Skill A lot of the times, your trademark or patent may be rejected by the federal government.

What services does a trademark attorney provide?

Feb 19, 2017 · Choosing the right Trademark Attorney isn’t easy, checking these seven things can help you make the right decision…Your trademark attorney should: Accurately assess trademark similarities and infringement risks. Proactively reduce the likelihood of opposition during the application process. Do their ...

Can I represent someone who is not a USPTO licensed attorney?

Apr 22, 2021 · Choosing the Right Trademark Attorney Look for an Experienced Attorney. You cannot put a price on experience. Degrees are important, but experience is just as... Pick an Educated and Licensed Attorney. During your search for an attorney, you may run into non-legal professionals... Look For an ...

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.

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.

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.

Best Trademark Attorney Characteristics

When filing a US trademark with the United States Patent & Trademark Office (“USPTO”) and you are selecting an attorney to file or prosecute your trademark it’s important to determine the person’s qualifications.

Best Trademark Registration Services – What to Look For

This is a bit of a misnomer. Ideally you want to hire a lawyer. Trademark attorneys are the only ones authorized to provide advice or file a trademark application. The USPTO makes this clear: “Our regulations specify that only an attorney who is an active member in good standing of the bar of the highest court of any U.S.

How do I Prevent Having to Refile My Trademark?

Simple. File correctly the first time. Filing a trademark is not complex. However, if key aspects are missing or incorrect the application is “void ab initio” or void from the beginning, and refiling will be required.

What is the difference between a patent and a trademark?

Copyrights protect original creative works such as novels, artwork, and songs. Trademarks protect the brands used to identify your business, such as your business name, logo, or tagline. A lawyer can help you identify your business's trademarks.

How long is a trademark good for?

Once your trademark is registered, it's good for 10 years and can be renewed for additional 10-year periods. To keep your trademark in good standing, you must file maintenance documents between the fifth and sixth year after registration, between the ninth and tenth year after registration, and every 10 years after that.

What happens if your trademark is denied?

If your application is ultimately denied, you cannot revive it or recoup your filing fee. An alternative to hiring a local attorney is to work with a trademark filing company, preferably one that has been around a while and so has both experience and a strong reputation.

What can an intellectual property attorney do for you?

A consultation with an intellectual property attorney can help you learn more about trademarks and how they can benefit your business. An attorney can give you an overview of the registration process and explain how to maintain and protect your trademarks . To make the most of your consultation time, come prepared with a list of questions.

What happens if you don't oppose a trademark?

If no one opposes it or if oppositions are resolved in your favor, your mark is registered. There is a slightly different procedure if you are applying for a trademark that you have not yet started using in commerce. An attorney can explain what information you need for your application and what to expect.

What is the USPTO?

By registering your trademark with the U.S. Patent and Trademark Office (USPTO), you get nationwide rights to your trademark, along with other benefits. A lawyer can more fully explain the pros and cons of your particular business.

Can a name be similar to a trademark?

The name also must not be confusingly similar to an existing registered trademark. The same criteria apply to logos and other marks you might want to register. A lawyer can evaluate whether your trademark application is likely to succeed.

Who is required to practice trademark law?

Requirements to practice trademark law. 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. Attorneys are not required to apply for registration ...

Can I become a trademark attorney?

Becoming a trademark attorney. 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.

Do I need to register my trademark before the USPTO?

Attorneys are not required to apply for registration or recognition to practice before the USPTO in trademark matters. See 37 C.F.R. §§ 2.17; 11.1; 11.14. Subject to limited exceptions, individuals who are not active U.S.-licensed attorneys in good standing may not represent others before the USPTO in trademark matters.