Frequent question: What questions should I ask a trademark lawyer?

How do I choose a trademark attorney?

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 much does a trademark lawyer cost?

How Much Does a Trademark Lawyer Cost? A trademark lawyer costs around $1,000 to $2,000 for the general trademark process, but disputes could cost the client an additional $300 $400 an hour. Some of the trademark lawyer costs you may see include: Filing fees for the trademark application.

How much does a trademark lawsuit cost?

Trademark infringement lawsuits can cost on average anywhere between $120,000 to $750,000 depending on the complexity of the case. During the pendency of the lawsuit, you are responsible for paying your Attorney’s monthly bills.

What are the benefits of hiring a trademark attorney?

An attorney can conduct an in-depth search to ensure the trademark is not likely to be confused with another existing trademark. An attorney can prepare and file the necessary documents to properly register a trademark. An attorney can also offer advice on the best strategy to protect a trademark.

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How do I pick a trademark name?

How to Select a Good Trademark

  1. Avoid trademarks that cannot be registered. …
  2. Strength of the trademark matters. …
  3. Choose words that are fanciful or arbitrary. …
  4. Avoid descriptive and generic words. …
  5. Avoid surnames. …
  6. Avoid words that will cause consumers to be confused with another trademark. …
  7. Avoid three letter acronyms and numbers.

How do I get trademark?

To register a trademark with the U.S. Patent and Trademark Office (USPTO), you will need to fill out and submit a trademark application. You can do this online, using the Trademark Electronic Application System (TEAS), an online trademark filing service, or you can submit a paper application.

How long does trademark last?

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.

How do I trademark a name 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 long does trademark approval take?

Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

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How do you know if you are violating a trademark?

THE 8-FACTOR TRADEMARK INFRINGEMENT TEST

  1. STRENGTH OF THE SENIOR MARK. …
  2. RELATEDNESS OF THE PRODUCTS. …
  3. SIMILARITY OF THE MARKS. …
  4. EVIDENCE OF ACTUAL CONFUSION. …
  5. MARKETING CHANNELS USED. …
  6. LIKELY DEGREE OF PURCHASER CARE. …
  7. THE INTENT OF DEFENDANT IN SELECTING THE MARK. …
  8. LIKELIHOOD OF EXPANSION OF THE PRODUCT LINES.

How much does a comprehensive trademark search cost?

What is a Comprehensive Trademark Search? Trademark searches come in many shapes and sizes. A truly comprehensive trademark search typically costs at least $1,000 and is ordered by an intellectual property attorney using a professional search company.

Do you have to defend a trademark?

A trademark owner need only protect his or her trademark by policing the mark and using it in the marketplace to identify products or services. The products or services do not have to be actually sold, but they have to be offered to the public under the trademark.

What are the three requirements for trademarks?

What Are Trademark Requirements?

  • Provide your name and address as owner of the trademark.
  • State the entity type (individual or corporation) and your national citizenship.
  • Demonstrate actual use or a real intent to use the trademark in commerce.
  • Give a detailed description of the product being trademarked.

Should I hire an attorney for trademark?

You should hire a trademark attorney because a skilled and experienced attorney will give you a significantly better chance of securing a trademark registration than if you file a trademark on your own.

Should you use an attorney for 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).

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