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Why Hire An Experienced Trademark Attorney

Because The USPTO Recommends Hiring One*

The trademark process can be stressful, and an experienced trademark attorney can explain the complexities of the entire process;

An experienced trademark attorney can conduct a comprehensive trademark search, including the USPTO X-Search Database, U.S. state trademark databases, and other sources for unregistered common law use and rights;

Preparing and filing a trademark application with the USPTO that is complete and accurate;

Selecting an appropriate specimen that shows how your trademark is used in commerce;

Responding to questions and refusals to register your trademark from a USPTO trademark examining attorney;

Helping applicant’s understand the scope of their trademark rights and the best ways to enforce them;

Defending against challenges brought by others against the applicant’s trademark;

Although USPTO trademark examining attorneys can provide some information about the federal registration process, USPTO employees cannot give you legal advice.

*See USPTO Page “Hiring a U.S.-Licensed Attorney” under “Trademarks”.

 

Other Reasons

Once an application is filed many aspects including the trademark and the scope of the goods or services cannot be changed;

The U.S. Congress enacted the Trademark Modernization Act in December 2020. This legislation has brought substantial changes to trademark law. Virtually all of this law has now been implemented;

The USPTO has well over 1,000 professionals and contractors dedicated to trademarks or both trademarks and patents, from pre-examination to the TTAB, the Office of the Trademark Commissioner, and other departments.  Dealing with such a bureaucracy can be difficult and time-consuming;

An explosion of thousands of additional trademark applications has made the process of registering a trademark more complicated;

A trademark refusal based on another trademark can be very complicated as discussed above;

Trademarks may be refused on numerous substantive grounds, some discussed above.