However, in the long run, hiring an attorney can save you money because an attorney will know how to best advise you on your trademark. You don't need an attorney to file a trademark application with the United States Patent and Trademark Office (USPTO). That said, you should really hire an attorney if you can afford it. The first reason is that we lawyers tend to be very good at this legal issue. Consider the reason why you are reading this website.
Most likely, you don't know enough about trademarks, about filing trademark applications, or about managing the USPTO application process to feel comfortable dealing with these issues on your own. Not only will we help you understand the problems that this involves, but we will also take care of them so that you don't have to worry about them. Perhaps most importantly, we can provide you with trademark legal advice when needed. We can help you select the trademark and the best way to use them in your products and services. We can also help you enforce your trademarks if another party starts using your protected mark in similar products and services.
In what cases does one brand look confusingly similar to another? What if the brand isn't really descriptive? Securing a brand is an important step in protecting your brand, but the process is more complex than it initially seems. While it's possible to file a trademark application with the United States Patent and Trademark Office (USPTO) on your own, working with a trademark attorney significantly increases your chances of long-term success and protection. I want to file a trademark and would prefer to hire an attorney to handle the process. I'm not sure what information I should have prepared beforehand for the lawyer. Explore our Free Intellectual Property Law Center OhioIntellectual Property All Time Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions.
Any information submitted through Justia Ask A Lawyer is not secure and is done only in a non-confidential manner. Using this website to ask questions or receive answers does not create an attorney-client relationship between Justia and you, or between any attorney who receives your information or answers your questions and you, nor does it intend to create such a relationship. In addition, no response in this forum constitutes legal advice, which must be adapted to the specific circumstances of each case. You should not act on the basis of the information provided in Justia Ask A Lawyer without seeking the professional advice of an attorney admitted or authorized to practice in your jurisdiction.
Justia assumes no responsibility to any person who trusts the information contained or received through this site and disclaims all liability with respect to such information. Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to do our best to keep the information on this site up to date, the owners and collaborators of this site make no statements, promises or guarantees about the accuracy, completeness or appropriateness of the information contained on this site or to which it links from this site. To keep your trademark active, you must submit documents on an ongoing basis and meet strict deadlines, such as the Declaration of Section 8 (between 5 years) and renewals every 10 years.
You can also find a local lawyer who is willing to work for free (with little or no cost to the public good) or for free on your trademark application. A local trademark attorney understands this regional business landscape and helps you adapt your application for better protection within your specific industry. A trademark attorney is a legal professional who specializes in protecting brand identities through federal and state registration. Statistics from the USPTO and independent studies show that trademark applications filed with the help of an attorney are much more likely to be approved than those filed without an attorney.
Because trademark registration is a legal procedure with strict procedures and deadlines, an attorney who specializes in the process can manage the registration more efficiently than you do on your own. While registering your trademark on your own may be less expensive, unless you do it right the first time, you run the risk of wasting more time in the process if you go through the process of examining a trademark that isn't exclusive enough. An attorney can help you monitor new trademark applications or uses of your trademark and take steps to oppose or stop potentially infringing uses. An attorney who regularly deals with trademark issues in Chicago will know how to align federal regulations with local business reality.
Death Wish Coffee is taking legal action against Liquid Death for trademark rights Death Wish Coffee has filed a federal lawsuit against Liquid Death, accusing the canned watermark of infringing the trademark. The clinical certification program at the U.S. Patent and Trademark Office School of Law is a training program for lawyers who want to specialize in intellectual property law. To maintain your trademark rights, you must continue to use your trademark and file maintenance documentation on a regular basis.
Another task that an attorney who offers trademark services can help you with is to complete a comprehensive trademark search.
