What is the Purpose of a Trademark Attorney?
A trademark lawyer is a legal professional that specializes in intellectual property law who's purpose is to help clients establish, protect, and enforce their trademarks.
Trademarks are legally recognized intellectual property, like symbols, words, phrases, or designs, that distinguish brands providing goods and services.
Some of the main responsibilities of a trademark lawyer are:
- Trademark searches. This is when a search is conducted to make sure the proposed trademark is not already in use.
- Trademark filing and registration. This is the act of filling out the trademark application and filing it with a government agency for approval.
- Trademark enforcement. This is when you monitor the market to make sure no other party is infringing on your trademark, and taking action when they do (i.e. trademark cease and desist letters, etc.)
- Trademark disputes and litigation. This is when a lawyer represents you in a trademark dispute, which could include going to court.
- Licensing and transfers. This is when a lawyer assists with trademark licensing agreements and trademark transfer agreements.
- Renewal and maintenance. This is when a lawyer handles the renewal of the trademark to make sure it stays active.
What are Legal Fees for Trademarks?
Filing a trademark application includes attorney fees and government filing fees. There are other legal fees associated with trademarks, which we explore below.
Trademark Attorney Costs
Attorney fees are the costs related to hiring a lawyer to help you conduct a trademark search and prepare and file the trademark application. These fees typically range from $1,000 - $3,500 on a flat fee basis, depending on the lawyer you hire.
Based on ContractsCounsel's data, the average cost (i.e., legal fees) for a lawyer to file a trademark application for a client is $1,080 on a flat fee basis. This cost point comes from all trademark application projects on the ContractsCounsel platform.
Government Filing Fees
Filing fees relate to fees paid to the government, like the U.S. Patent and Trademark Office (USPTO). Filing fee costs typically range from $250 - $350.
Other Trademark Fees
There are other fees for trademarks that should be considered as well, which are below:
- Office action responses
- Trademark monitoring
- Renewal fees
Who Uses a Trademark Lawyer?
Businesses and individuals can both use trademark lawyers. Businesses typically want to protect their company's intellectual property. Individuals may also create intellectual property they need protected.
Trademark law is a subdivision of intellectual property law. It deals with the use of trade names, logos, and other branding elements to identify the source of goods and services. A trademark lawyer is a legal expert specializing in this area of law.
A trademark lawyer will help ensure your trademark is registered with the USPTO.
They can also help with any type of trademark enforcement, disputes, monitoring, and licensing deals.
Small businesses may not have the resources to hire their in-house lawyer. While larger enterprises need help protecting their brand on a global scale. A trademark lawyer also provides valuable advice on protecting a brand's identity and reputation.
Should I Use a Lawyer to File a Trademark?
We recommend using a trademark lawyer since doing it yourself is complicated and easy to make errors. A U.S. licensed trademark attorney is trained in intellectual property law and handle trademark-related issues daily for their clients.
Some reasons you may need to use a trademark lawyer are below:
- When you start a business and want to know how to trademark a name.
- You want to file a trademark with the USPTO.
- You are being sued for trademark infringement.
- You want to make sure you are using your trademarks correctly.
- Another party wants to license your trademark.
No matter what your cause, it is important to understand the benefits of using a trademark lawyer. They can help you protect your brand by ensuring that you have the appropriate trademarks.
Additionally, a trademark lawyer can help you register your trademarks in other countries. It can be especially important if you plan to do business overseas. If you are trying to register your trademark in another country, you may need a local lawyer or trademark lawyer for assistance in that country, which your attorney can also help you with. Even so, the reason for hiring a trademark lawyer can vary from situation to person.
Maybe you want legal advice on trademarks in marketing or advertising. Or you want to restrict your intellectual property from any unauthorized use and get legal help for its protection.
Here is an article about the type of business contract lawyers in demand today.
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How to Find a Trademark Lawyer
Finding the right trademark lawyer can be difficult since many "generalist" lawyers will tell you they handle trademarks on behalf of their clients. In the age of the internet, it should be easy to find lawyers who specialize in intellectual property.
One thing to note is IP law is federal, so using a state-specific attorney is not necessary unless you want to meet with them in person.
Below are some ways you can find a trademark attorney:
- Online Marketplaces. Using an online marketplace, like ContractsCounsel, can help you find a trademark lawyer. The benefits of using an online marketplace are you simply make one request for pricing, and quotes from lawyers will come to you. You are also able to compare multiple lawyers without much effort and read client reviews.
- Online Directories. There are many online directories that have thousands of lawyers to review. You can use their filters to try and locate a trademark lawyer. Online directories will typically allow you to send them a message or direct you to their website where you will need to make an inquiry.
- State Bar Association Websites. State bars have websites with lawyer directories you can use. These directories typically have lawyer's email addresses, but may lack some of the advanced filtering. It is still a good source to find a lawyer.
- Referrals. Ask colleagues or friends that have worked with lawyers in the past to refer you to a lawyer they like a trust. The benefit is there is a working experience in place you can reference, but you will not have the ability to shop around.
Types of Trademark
There are several types of trademarks, some of which are described below.
Word Mark
A word mark is a logo that features the company's name in a simple, clear font. It is also a trademark represented by a word or a group of words. Nike, Google, and Yahoo are examples of companies that use wordmarks as their trademarks.
Logo Mark
A logo mark is a trademark represented by a logo or design. They are an important part of a company's branding. The Coca-Cola logo is the most famous example of a logo mark.
Product Mark
A product mark is a trademark represented by the product associated with the product. It can be a word, symbol, or combination thereof. Apple is a good case of a company with a strong product mark.
Composite Mark
A composite mark is a trademark composed of two or more elements, each of which can be protected by trademark registration. For example, the Nike "swoosh" with "Just Do It" is a composite mark, as is the McDonald's "golden arches."
Trademark
A trademark is a symbol, word, or design that identifies the source of goods of one party from another. So, to register, a trademark must be used in commerce. A mark in commerce can be connected to the sale of goods or services. There are some common law rights that can establish a trademark through use in specific geographic areas without federal registration but talk to your lawyer for more information for your particular case.
Service Mark
A service mark is a trademark used to identify services rather than products. They are protected under federal law and subject to the same registration process as trademarks. Service marks also preserve the reputation of a company and the quality of its services.
Collective Mark
A collective mark is a trademark registered by a group of companies instead of an individual business. They allow businesses to share the benefits and protections of trademark registration. While they still retain control over their brands.
Get Help with a Lawyer for Trademark
When you're ready to protect your brand, a lawyer for trademark is someone you want on your side. Since a trademark is a valuable asset, it's crucial to ensure that your property is adequately protected.
Hence, a good trademark lawyer will help you file the necessary paperwork. In addition, they will conduct a trademark search and represent you in any legal disputes that may arise.
Besides, once you register your trademark, the lawyer will help you protect it from infringement.
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