Anyone here have recommendations/contacts for a trademark registration lawyer? I am working on a project for a client and would welcome any suggestions for a US based lawyer to handle the registration process.
Additional thoughts on the process (ie. US only vs. international filing) would also be greatly appreciated.
The registration is for a new footwear brand.
you can post here, PM me, or drop me an email to firstname.lastname@example.org
I’m a trademark law specialist in the States. I PMed you!
Only the U.S. has the “first to use” policy in place. Everywhere else in the world uses the “first-to-file” rule - meaning whoever files the mark first is the owner of the trademark.
It’s actually not too difficult to file your own trademark. However a trademark only protects a name or phrase and not an idea.
I recently filed a trademark myself, instead of going through a lawyer. You can read about it on the US Gov’s website > http://www.uspto.gov/
The best advice I received was not to use an image for your mark. It will make the trademark process go much faster and will allow you more leeway if you decide to change a font / color, etc.
Would you use something like legalzoom.com for trademarks and design patents?
I’m a practicing lawyer here w/ trademark law being my specialty. I’m also an industrial designer.
I’ve had many clients who sought out my initial legal consultation and a good handful decide to register the marks on their own. Usually, within about a year’s time they call me back because either their mark was rejected, or their application was not done correctly, get an office action letter from the PTO and/ or they did not conduct necessary due diligence.
Let me use a poor analogy. Recall the phrase: “junk in junk out?” A non-designer may know how to operate Photoshop or any other design software, but that doesn’t make that person a designer.
Sure legalzoom and uspto sites offer the electronic paperwork and means to file. But, it does not teach you “how”. Basically, you can’t circumvent legal knowledge and experience to cut monetary corners.
Penny wise pound foolish as they say.