BitLaw Guidance

Do You Need to Hire an Attorney to Federally Register a 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). That being said, you really ought to hire an attorney if you can afford one.

Why Hire an Attorney if One is Not Needed?

The first reason is that we attorneys tend to be really good at this law stuff. Consider the reason why you are reading this webpage. That reason is most likely that you don’t know enough about trademarks, about filing trademark applications, or about dealing with the USPTO’s application process to feel comfortable dealing with these things yourself. We not only help you understand the issues involved, but will also deal with these things so you don’t have to.

The process of filing the trademark registration application is fairly straightforward and can be done at the USPTO’s TEAS website. But you will quickly find that the on-line application has a variety of potential complications and pitfalls that are perhaps best dealt with by having a trademark attorney deal with them. From knowing which form is ideal for your circumstances, to drafting a proper goods and/or services description, to helping you determine if the application should be filed in one or multiple international classes--we will help you through the details of the application and help ensure the completeness of your filing. If your application is reviewed and rejected by the USPTO for any reason, we will be able to draft an appropriate response on your behalf, and (if necessary) appeal a rejection of your trademark application to the Trademark Trial and Appeal board.

We will also track and docket all the relevant dates that the USPTO imposes on the registration process that may affect both the status of your application for registration as well as those deadlines that are relevant to the mark once it registers. For example, five years after your mark is registered you, will normally file a Section 8 and 15 Affidavit, and after ten years, you will need to file for trademark renewal (see our guidance on What are the Costs after your Trademark is Registered? for more info). We will remind you of these deadlines and can assist you in responding to these requirements. Thus, using a trademark attorney not only grants you peace of mind, but also helps to ensure that you are not subject to a premature loss of rights to the mark.

Perhaps most importantly, we can provide you with legal trademark advice when necessary. We can help you on the selection of trademark and how best to use your trademarks on your products and services. We can also help you enforce your trademarks in case another party begins to use your protected mark on similar goods and services.

A Video Explanation from the U.S. Trademark Office

The USPTO has created a brief (eleven-minute) video that explains the role of the trademark office and some of the assistance that can be provided by a trademark attorney. The video is embedded below, and can also be found on the USPTO's own site.

The attorneys of Forsgren Fisher McCalmont DeMarea Tysver will help assist you in any manner that you want. We are happy to answer your most basic questions, to file and prosecute trademark applications on your behalf, and to deal with the bureaucracy of the USPTO so that you don’t have to. Forsgren Fisher McCalmont DeMarea Tysver is happy to help meet your trademark filing needs-–whatever they may be.

Call us. We can help.
Let Forsgren Fisher McCalmont DeMarea Tysver help with your trademark issues. Contact me for a free initial consultation.