Trademark lawyer: what to know

What the job involves, what changes the price, and what to ask a pro.

What trademark lawyer is

A trademark lawyer provides information about protecting names, logos and slogans and may search for conflicts and file registrations. Business owners look for one before launching a brand or when someone else uses a similar name. General information only, no promised results.

Signs you need it

  • You are choosing a business or product name and want to know if it is available
  • You plan to invest in a logo, signage or packaging
  • Another business uses a name very close to yours
  • You received a letter claiming your name infringes a trademark
  • A filing was refused or the trademark office raised objections
  • You want to license your brand to others

What the pro does

  • Learn how the name or logo is used and in what goods or services
  • Search registered and unregistered marks for possible conflicts
  • Explain, in general terms, how likely confusion is assessed
  • Prepare and file the registration application
  • Respond to trademark office actions and deadlines
  • Send or answer cease and desist letters and negotiate

What changes the price

Every job is different, so we do not publish prices. These are the things that move the quote up or down.

  • Number of marks and classes of goods or services
  • Whether a full search is done first
  • Whether the filing receives objections
  • Whether another party opposes the registration
  • Whether filing is in one country or several
  • Whether a dispute or licensing is involved
  • How quickly the work is needed

What a written quote should spell out

  • Whether the search is included
  • Government filing fees listed separately
  • Number of classes covered
  • Whether office action responses are included
  • Maintenance and renewal reminders

Questions to ask before you hire

  • Do you run a full search before filing?
  • How do you decide which classes of goods or services to cover?
  • What happens if the trademark office objects?
  • How do we handle a similar name that is already in use but not registered?
  • How will you track renewals?
  • Can you advise on a domain name and social media handles?

Red flags

  • A person who guarantees a trademark will register
  • Filing without any search
  • Notices from unknown services demanding payment for your registration
  • No copy of the filing provided

What you can do yourself

You can search public trademark records and the web for similar names in your field, and keep dated records of how you use your brand. Registration forms are available, but choosing classes and answering objections is detailed work. Speak with a licensed attorney before investing heavily in a brand.

Licenses and permits

Trademark lawyers must be licensed attorneys in good standing. Check the license with the state bar. Filings are made with the national trademark office.

Trademark lawyer questions

Is a business name registration the same as a trademark?

No. A business name filing does not necessarily give you trademark rights. A licensed attorney can explain the difference.

Can a lawyer guarantee registration?

No. The trademark office decides.

Do I need to renew?

Registrations require maintenance filings. A lawyer can track the dates.

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