when you need a trademark attorney

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

1. Understand the expertise you need. For example, patents, trademarks, and copyrights have by long-standing tradition...
2. Experience and training of the trademark attorney. Unlike some legal specialties that require additional...
3. Understanding Marketing and the Internet. Today’s trademark attorney...

Full Answer

Why do I need a trademark attorney?

Mar 05, 2021 · Trademark attorneys have experience prosecuting trademarks before the U.S. Patent and Trademark Office (USPTO). Because trademark registration is a legal proceeding with strict procedures and deadlines, a lawyer familiar with the process can handle registration more efficiently than you can on your own.

Where can I find a lawyer with expertise in trademark law?

Apr 12, 2019 · When Should You Hire a Trademark Attorney? A trademark attorney should be hired when you have an idea for the name of your company. This is because a trademark attorney should conduct a search on your name and provide an opinion to you on whether or not the name is …

Do I need to search before filing a trademark application?

Oct 19, 2020 · October 19, 2020. / 6 minutes of reading. When applying for a federal trademark, you do not, repeat, do not need an attorney. The U.S. Trademark Electronic Search System (TESS) is freely available to anyone. You can file your trademark application online at the United States Patent and Trademark Office (USPTO) website.

Can a trademark application be rejected by the USPTO?

Sep 25, 2021 · If your trademark application is denied or rejected due to an error on your part, then yes–you may have needed the assistance of a trademark registration lawyer. If you’re uncertain whether or not you should bring in a trademark attorney but want more guidance along the way, consult with one before submitting any applications for protection.

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.

What are the 3 types of trademarks?

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

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

How many trademarks does Gerben Law Firm have?

Gerben Law Firm has registered over 4,500 trademarks since opening our doors in 2008. We work with clients from all 50 states, and, from 30+ countries around the world. Contact us today for a free consultation with a trademark attorney.

Who is Josh Gerben?

Josh Gerben, Esq. is the founder and principal of Gerben Law Firm. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 5,500 trademarks.The contents of this blog are for informational purposes only and may not be relied on as legal advice.

How a lawyer can help

Trademark attorneys don’t simply file your application for you. If you choose the right lawyer, he or she will help you through the entire trademark registration process, from choosing a name all the way through final approval and monitoring for trademark infringement later on.

Working with the right trademark attorney

Hiring just any attorney won’t do in any matter, no less trademarks or service marks. The wrong attorney will not only cost you in legal fees, but also possibly in additional application fees. Plus, of course, additional legal fees if the process goes for multiple rounds before you secure your trademark rights.

About the Author

Mr. Morales founded his trademark law practice in January 2007 with the goal of providing intellectual property expertise to entrepreneurs and businesses around the country. Since then, he has filed more than 6,000 trademarks with the USPTO. You can learn more about Xavier here.

Protect Your Mark

Get the trademark protection you need for your business name, logo, or slogan.

2. The USPTO will not give you legal advice and cannot give you a break

The U.S. Patent and Trademark Office forbids its Examiners from giving legal advice. So, if you have a legal question, or face a legal rejection, you’ll be on your own, unless you have a trademark attorney.

3. The USPTO strongly encourages applicants to seek legal advice

Because the Federal trademarking process is so complex, the USPTO encourages all applicants to consider hiring a trademark attorney:

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.

What is trademark law?

Trademark law in general protects a trademark owner’s commercial identity (goodwill, reputation, and investment in advertising) by giving the trademark owner the exclusive right to use the trademark on the type of goods or services associated with the mark. Before, during, and after the application process, an attorney can help educate you on trademark ownership rights.

Why is it important to detect potential trademark infringement?

Early detection of potential trademark infringement is critical because the failure to properly defend your trademark against trademark infringers could diminish the strength of your trademark, and may even result in abandonment or cancellation of your registration.

Can an attorney monitor a trademark application?

In addition to helping with submitting an application to register a trademark, an attorney can also help monitor the status of your application. If you choose not to hire an attorney, it’s up to you to be diligent about monitoring your status in order to ensure that all documents sent to or received from the USPTO are acted upon in a timely manner.