Should I hire a trademark attorney?
Preparing and prosecuting a trademark application with the United States Patent and Trademark Office (USPTO) is a complicated legal process. According to the PTO, most applicants hire an attorney who specializes in trademark matters and guide them through the process. An experienced attorney can help you determine your trademark strategy including what mark to file (words, logo or words and logo), whether to claim color, and the appropriate filing basis for your situation. An attorney can also draft an appropriate identification of goods or services, select the appropriate class or classes, and determine whether your specimen is likely to be acceptable.
In choosing a lawyer, it can be tempting to focus on getting the lowest price to file the application. However, the experience and judgment your attorney brings to the process may be more important considerations. An experienced attorney can anticipate issues that may come up later, avoiding surprises and additional fees.
If you are comparing pricing, look beyond the price of the application itself for additional fees that may be incurred down the road. For example, does the lawyer charge for standard reporting on the status of the mark such as publication, notice of allowance and when the registration issues? Similarly, does the lawyer charge an additional fee if the Examiner requires changes to the identification of the goods and services or the description of the mark (for logos)?
Mertzel Law PLLC offers low cost trademark consultations to help you determine whether your mark can be registered, Our consultations include a "knock out" screening search regarding your mark, preliminary thoughts on whether the mark can be registered, and an overview of the trademark registration process, including timing and fees. Click here to request a consultation.