Trademarking is one of the best ways to protect your intellectual property. However, the process can be time-consuming, especially when you consider all the research necessary to give your application the best chance of success.
Working with a trademark attorney can significantly reduce the amount of time and effort you need to dedicate to the application process. But how do you know which trademark lawyer to choose? There are many trademark attorneys (and online trademarking services) out there, but not all of them offer the same level of care or have the right level of expertise.
Clients have come to us frustrated or disillusioned after trying to DIY their trademark application or working with an attorney who wasn’t the right fit. So we’re here to offer some tips to help you find and choose the right trademark attorney for your business.
Where to Look for a Trademark Attorney
There are many ways to find a trademark lawyer. If you know other entrepreneurs who have gone through the trademark process, consider asking for a recommendation. You can also read reviews and testimonials of attorneys you find on the internet to see whether they would be a good fit.
Searching for a trademark attorney may bring up LegalZoom and similar companies. While some of these companies offer legitimate document preparation services, most of them are not actually law firms with licensed attorneys on staff. And even if a service does have a team of attorneys, they may not be trademark experts.
Before you go with an online service, make sure you know whether you’re working with a trademark specialist or simply a company that provides referrals or generalized assistance with “business law.”
At Watson & Young, for example, we understand and manage the entire trademark process for you. We start by searching your trademarks through multiple databases, filing your application, and managing communications with the U.S. Patent and Trademark Office’s team.
Trademark law is complicated, and it’s different from many other areas of the legal code, including other aspects of business law. A business attorney may be able to explain the basics of filing a trademark application, but they won’t necessarily have the in-depth knowledge you want.
The USPTO strongly recommends that trademark applicants work with an attorney who is licensed in the United States and who specializes in trademark law and/or intellectual property law. Ideally, look for an attorney with detailed knowledge of what the USPTO looks for in trademark applications. You also want to find a lawyer who has a proven track record when it comes to trademark applications and disputes.
At Watson & Young, we have a 99.3% trademark approval rating — one of the highest in our industry.
Obtaining and protecting your trademark involves more than just filing an application. A successful trademark application relies on significant research and a compelling case for IP ownership. Once you have your trademark, it’s imperative to protect it, which may involve cease and desist letters or even litigation. You may also need to trademark your brand after receiving a cease and desist letter from a similarly named brand or competitor.
Look for a trademark attorney who has experience in all of these areas and who offers comprehensive support for your brand. You want to make sure that you’ve got immediate support in any potential IP dispute so you don’t have to spend valuable time and financial resources protecting your trademarked property.
Confidently advocating for our clients is what we do. See how we fought a national magazine for our client — and won.
A trademark is a very specific type of legal protection, and it’s closely tied to both your business and your niche. When you hire an attorney to help with your trademark application, you want to find someone who will work closely with you to protect your intellectual property.
Look for an attorney who will communicate with you throughout the entire process. Communication should include more than just simple updates notifying you of where you are in the application process. It’s important to find someone who will be there to answer your questions and provide advice to help you obtain your trademark and leverage it in the market.
Be Wary of Scams
Unfortunately, not every trademark service is legitimate. The USPTO warns of scams and fraudulent solicitations that target individuals applying for trademarks. When you’re looking for a trademark attorney, be wary of services that send misleading solicitations. Some signs of potential scams include offering to record your trademark in a private registry or updating your filing in advance of a deadline (for a fee).
Get Expert Legal Support to Protect Your IP
Here at Watson & Young, we specialize in trademark law for fashion, beauty, and wellness brands. Our team of trademark experts provides every client with exceptional service and care throughout the trademark application or dispute resolution process. We take the time to thoroughly understand your brand or concept before conducting extensive market research to identify potential competitors or conflicts. Then, we build a strong, comprehensive case for your application.
When you work with us, you don’t have to wonder who is working on your case or spend weeks or months waiting for an update. We partner with every one of our clients and maintain clear communication throughout the entire process. You’ll know what’s happening with your trademark application every step of the way, and we’re always available to answer questions or offer advice.
To find out more about working with Watson & Young, book a complimentary consultation with our team.