Do I need an attorney to register my trademark?

Engaging a trademark attorney who is licensed to practice law in the US can advise you about many important legal issues. These include:

• Determining whether the chosen mark may be available for trademark registration;
• Determining the appropriate filing basis (Intent to Use, Actual Use, Claim of Acquired Distinctiveness, Foreign or International) for the federal trademark application;
• Preparing and filing a federal trademark application with the USPTO that is complete and accurately describes the goods and/or services applied-for;
• Selecting the appropriate evidence to show the USPTO examining attorney how the trademark is used in commerce as associated with the specified goods and/ or services;
• Responding to inquiries and trademark refusals issued by the USPTO during the application process;
• Provide guidance regarding the scope of trademark protection and how best to enforce a registrants trademark rights;
• Responding to trademark oppositions filed by third parties against an applied-for trademark;
• Defending against trademark cancellations filed by third parties against a registered trademark;
• Tracking trademark maintenance and renewal deadlines and submitting the appropriate documents to keep the trademark registration active;
• Performing comprehensive trademark searches by accessing all state and federal (and sometimes international) trademark databases to either ensure the chosen trademark is available for use or to police the market for any new trademark filings that may cause conflict or damage.

The USPTO has published a page on its website entitled “Hiring a US Licensed Attorney” for additional information.

Beware of Scammers

There are many companies and other individuals lurking online offering trademark services that may not be legitimate.  Beware of these scammers!  Check out the USPTO’s Scam Awareness page on its website.