Do I Need a Trademark Attorney?

Trademark Lawyer

The United States Patent and Trademark Office strongly recommends that trademark applicants seek out a qualified trademark attorney to assist with the trademark application process. In fact, it posts this warning on its website:

The filing of a trademark application begins a legal proceeding having many legal requirements and strict time deadlines. Not all applied-for trademarks register, and filing fees are not refunded. Whether you ultimately proceed on your own behalf or a trademark attorney represents you, all substantive and procedural requirements of the Trademark Act and Trademark Rules of Procedure must be met.

To paraphrase an old adage, it is best to do it right the first time. If your trademark application is issued an Office Action and you are unprepared to respond, it may cost more to hire a lawyer late in the process than the flat fee rate many attorneys offer to complete a standard application.

The examiners at the USPTO are Trademark Attorneys themselves who, in general, prefer to work with other attorneys during the application process. One reason for this is that a good trademark attorney can make the examiner’s work easier by submitting an application with as few potential issues as possible. This means less work for the examiner and potentially a quicker application process.