Frequent question: Do you need a lawyer for a trademark?

Can I do my own trademark?

Yes, as long as you are an American citizen or a company domiciled in the United States, you are able to file your own trademark application.

Why do you need an attorney for a trademark?

This search occurs before filing your application. It’s your legal responsibility to monitor and protect your trademark from infringement by other parties. An attorney can help you understand the legal scope of your trademark rights and advise you on the best way to monitor and enforce those rights.

Do you need to hire a trademark attorney?

Do You Need to Hire an Attorney to Federally Register a Trademark? No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO). That being said, you really ought to hire an attorney if you can afford one.

What does a trademark attorney do?

The responsibilities of a trademark attorney include advising on the adoption and selection of new trademarks; filing and prosecuting applications to register trademarks; advising on the use and registration of trademarks; handling trademark oppositions, revocations, invalidations and assignments; carry out searches; …

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Can you get a trademark for free?

You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.

How much does it cost to apply for a trademark?

Filing Cost of a Trademark Application Online

The fees for electronically filed trademark applications generally range from $250 to $350 for each class of goods or services.

How hard is it to file a trademark?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.

What do trademark lawyers look for?

Look for an Experienced Attorney

An experienced trademark attorney will be familiar with the common pitfalls and errors linked with the trademark registration process. He or she will be able to review your trademark application and point out errors that you otherwise would have missed.

How long does a trademark last?

How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

What is the main requirement for a trademark?

Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.

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Is LegalZoom worth it for trademarks?

The LegalZoom trademark search and other trademark services may seem like appealing alternatives to hiring an attorney. But while LegalZoom may be cheaper in some cases, it can also be a complete waste of money in others. And it never provides the value that you get from working with a real attorney.

What does a trademark protect?

Trademarks, copyrights, and patents protect different types of intellectual property. A trademark typically protects brand names and logos used on goods and services.

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