Looking for a Trademark Lawyer?
Finding the right experienced trademark attorney can save you time, money and countless headaches. To put it bluntly, it can mean the difference in getting your trademark registered successfully or having your application rejected by the United States Patent and Trademark Office (USPTO).
Since you’re reading this page, I will assume that you’re considering registering a trademark or you might have received an Office Action from the USPTO. I’ve been handling trademark law for a number of years and there are a few questions that I’m frequently asked by people that are looking for assistance with trademark registration.
I’ve listed a few of the more common questions below along with my responses to help you decide how to proceed with your trademarks.
Should I use Trademark Attorney or apply for my service mark myself?
Registering a trademark is something that you can do yourself. However, the USPTO won't refund your filing fees if a mistake is made on your application or if they refuse to register your trademark.
If you know that your trademark or service mark will easily make it past the USPTO examining attorney, then you may feel comfortable applying yourself. But be careful if you're not sure about how easily your mark will be accepted. It's much easier to do it right the first time than to try and fix mistakes later.
Why can't I use my business attorney to register my trademark?
Many people turn to their general business attorney when they need to register for a trademark for their business. Keep in mind that trademark and intellectual property law is not the same as general business law. Your business attorney may handle both. There's nothing wrong with an attorney that practices in more than one area of law - most of them do.
However, make sure that your lawyer knows what they're doing when it comes to registering your trademark. Just because someone incorporated your business or drafted your will does not mean that they should handle your trademark registration. You wouldn't go to your general family doctor if you needed heart surgery would you?
Why not use a $99 Trademark registration service?
These services are great if you're confident that the USPTO examining attorney will easily approve your service mark or trademark. For $99, you're probably not going to get much more than someone to fill out the application and submit it for you. Trademark registrations aren't always straightforward and you may need some additional guidance. If you're looking for more service and support, you should seriously consider working with a real trademark attorney.
Anyone can fill out the application. I strive to give my clients thoughtful advice and guidance that will help them avoid roadblocks and delays when registering a trademark.
Click here to see my office contact information if you'd like to discuss the details of your trademark or other intellectual property matters.
Trusler & Associates, PLLC