Location, Location, Location: How to Hire a Local Trademark Lawyer
Selecting the right trademark lawyer is an important decision for any business owner. To recap, a trademark is a distinctive symbol, word, or phrase that represents a brand or product, and it is crucial to protecting the unique identity of your business. Of course, with so many lawyers and law firms to choose from, it can be challenging to find the right one for your business.
First and foremost, it’s important to understand what a trademark lawyer does. A trademark lawyer is an attorney who specializes in the area of trademark law, which is the branch of law that deals with the protection of distinctive marks, symbols, and logos used to identify and distinguish a particular product or service. A trademark lawyer can help you with a variety of tasks related to trademark law, including conducting a trademark search to ensure that your proposed trademark is available for use, filing a trademark application, and responding to any objections or challenges to your trademark.
Ultimately, an experienced trademark lawyer will have the wisdom to develop a holistic strategy for protecting your brand, which can only come from time and experience in working in this unique and idiosyncratic area of the law. Your strategy must anticipate how to expand or narrow the scope of protection provided by your federal trademark application according to what your business model will look like over the next one, two, five, and ten years of business.
So, How to Find a Trademark Lawyer Near Me?
Here are some steps you can follow to find the right trademark lawyer near you:
Step 1: Research Different Lawyers and Law Firms
The first step in finding the right trademark lawyer is to research different lawyers and law firms in your area. This will give you a sense of the options available to you, and help you determine which lawyers and firms have the experience and expertise to handle your trademark case.
There are several ways you can research different lawyers and law firms. One option is to ask for recommendations from other business owners or entrepreneurs who have registered trademarks. These individuals can provide valuable insights into the lawyers and firms they have worked with, and help you identify potential options.
Another way to research different lawyers and firms is to search online for law firms that specialize in trademark law. This can be a useful way to learn more about the firms in your area, and to get a sense of their experience and expertise. You can also visit the websites of different lawyers and firms to learn more about their services, fees, and track record of success.
Remember, Trademark lawyers with experience will endeavor to demonstrate their experience and solid trademark law firms will typically have a trademark blog or resource center covering different topics related to Intellectual Property law.
Step 2: Make a List of Potential Trademark Lawyers and Trademark-Focused Law Firms
Once you have gathered information about different lawyers and law firms, the next step is to make a list of potential options. This list should include the names and contact information for the trademark lawyers and firms that meet your criteria.
When creating your list, consider factors such as the lawyers’ and firms’ experience, their track record of success, and their fees. It can be helpful to prioritize these factors based on your specific needs and concerns. For example, if you are on a tight budget, you may want to prioritize lawyers and firms with lower fees. Or, if you are concerned about the complexity of your case, you may want to prioritize lawyers and firms with extensive experience in trademark law.
Step 3: Schedule Free Trademark Consultations
Once you have compiled your list of potential lawyers and law firms, the next step is to schedule consultations with each of them. This will give you an opportunity to discuss your specific needs and concerns, and to get a sense of the lawyer’s communication style and approach to working with clients.
During the consultation, be prepared to discuss the details of your trademark case, including the type of trademark you are seeking to register and the specific challenges you are facing. This will help the trademark lawyer assess your situation and provide you with valuable insights and advice.
It can also be helpful to ask each lawyer about their experience handling cases similar to yours, and to inquire about their success rate. This will give you a better understanding of their expertise in the area of trademark law that is relevant to your situation.
Consider the fees and payment structure for each lawyer. Trademark law can be complex and time-consuming, so be prepared to invest in the process to ensure that your trademark is properly protected.
Step 4: Consider the Quoted Fees and Payment Structure
Trademark law can be complex and time-consuming, so it is important to consider the fees and payment structure for each lawyer and law firm. The fees for trademark lawyers and firms can indeed vary widely first establishing a reasonable budget given your brand assets should be step number one.
Fundamentally, the cost of filing a trademark application varies depending on a number of factors, including the type of trademark being registered and the complexity of the application.
USPTO Government Filing Fees
One of the main factors that determines the cost of filing a trademark application is the nature of the products and services sold under the banner of the trademark. The USPTO has the challenging task of assigning products and services to “Classes” in order to maintain a proper taxonomy of every product and service sold in the marketplace; every time a trademark application includes a new category of product or service (“Class”), the USPTO charges an additional government fee. To further complicate the matter, the USPTO charges a different fee per Class depending on the type of trademark Application.
The USPTO offers two different online application systems for registering trademarks: the TEAS Plus system and the TEAS Standard system. The key differences between these two systems are the fees and the requirements for using them.
The TEAS Plus system is a simplified application process that allows applicants to easily complete and submit their trademark application online. To use the TEAS Plus system, applicants must agree to receive communications from the USPTO electronically, and they must provide a valid email address and telephone number. The current fee for using the TEAS Plus system is $250 per class of goods or services.
The TEAS Standard system is a more traditional application process that allows applicants to complete and submit their trademark application online, but does not require them to agree to receive communications electronically or to provide a valid email address or telephone number. Additionally, whereas TEAS Plus requires the Applicant to list goods/services provided directly from the USPTO’s pre-set list of goods, TEAS Standard allows the trademark Applicant to draft in by hand the goods/services being sold. The current fee for using the TEAS Standard system is $350 per class of goods or services.
In sum, the main differences between the TEAS Plus and TEAS Standard systems are the fees and the requirements for using them. The TEAS Plus system is a simplified application process with lower fees, but requires applicants to agree to receive communications electronically and to provide a valid email address and telephone number. The TEAS Standard system is a more traditional application process with higher fees, but does not have these requirements and provides more flexibility in articulating what precisely is being sold under the banner of the trademark.
Legal Service Fees
Of course, a key factor that can impact the cost of filing a trademark application is the complexity of the application. If your trademark is similar to another existing trademark, or if there are other issues that require additional review by the USPTO, the cost of filing the application may be higher.
In general, trademark lawyers charge either an hourly rate for their services (which can range from $150 to $600 per hour) or on offer a flat fee basis which may or may not include first conducting a trademark search prior to preparing and filing the Applicant’s trademark application. In more unusual situations for trademark law, some lawyers may charge a retainer fee, which is an upfront payment that covers a certain amount of work.
At Cohn Legal, PLLC, For each trademark application, we charge a flat fee of $650 + Gov. Filing Fee of $250/Class of goods. This package includes evaluating the prospective trademark for eligibility, conducting a trademark search within the USPTO database, preparing the trademark application, filing the trademark application, and monitoring the application in our IP Docket System. We can typically have the trademark filed within 3-4 days of when we start working on the application.
Ultimately, it’s important to carefully consider the fees and payment structure when choosing a trademark lawyer. Be sure to ask about the lawyer’s hourly rate, any additional fees or costs that may be involved, and the payment terms. It’s also a good idea to ask for a written fee agreement, which will outline the services that will be provided and the total cost of the representation.
In general, the cost of filing a trademark application can range from a few hundred dollars to several thousand dollars, depending on the type and complexity of the trademark being registered. It’s important to carefully consider the cost of filing a trademark application, and to weigh the potential benefits against the potential costs.
If you are unsure about the cost of filing a trademark application, or if you have questions about the application process, it’s a good idea to consult with a trademark lawyer. A lawyer can provide you with information about the costs involved and can assist you with the application process to ensure that your trademark is properly protected.
When considering the fees, be sure to ask about any additional costs that may be associated with your case, such as filing fees or costs for expert witnesses. This will help you get a complete picture of the costs.
Step 5: Find a Trademark Lawyer You Feel Comfortable Working With
Choose the lawyer or law firm that you feel most comfortable working with. Ultimately, the right trademark lawyer for your business is the one that you feel confident will provide you with the legal representation you need. Consider factors such as their experience, their track record of success, and their communication style, and choose the lawyer or law firm that you feel will be the best fit for your business.
Once you have chosen a trademark lawyer, it’s important to work closely with them to ensure that your trademark is properly protected. Your lawyer will help you conduct a thorough trademark search to determine if your proposed trademark is available for use, and will assist you with the process of registering your trademark with the United States Patent and Trademark Office (USPTO).
Your lawyer will also help you monitor your trademark to ensure that it is not being used without your permission, and will assist you with taking legal action if necessary. In addition, your lawyer can help you enforce your rights if someone else uses a similar trademark, or if someone infringes on your trademark rights.
In addition to following these steps, there are a few other important things to keep in mind when searching for the right trademark lawyer.
Remember, some trademark lawyers focus exclusively on trademark registration, while others also provide additional services such as trademark enforcement and litigation. Depending on your specific needs, you may want to choose a lawyer who offers a full range of services to help you protect your trademark.
Again, PLEASE consider the lawyer’s experience and expertise in trademark law for your business. For example, if you are in the fashion industry, you may want to choose a lawyer who has experience dealing with trademarks for high-end clothing brands. Similarly, if you are in the technology industry, you may want to choose a lawyer who has experience dealing with trademarks in software and data science. By choosing a lawyer with experience in your specific industry, you can increase your chances of developing a trademark protection strategy that is narrowly tailored to your particular business needs.
NEED HELP WITH A TRADEMARK APPLICATION ?: SPEAK TO AN IP ATTORNEY
If you need help with an existing or new trademark application, please reach out to us. Our Trademark attorneys would love to chat and discuss your case.