Things to Look For When Choosing the Right Trademark Attorney

Intellectual property laws cover a very broad aspect ranging from patents, trademarks, copyrights to legal issues which contracts. It is pertinent to note here that Thousands of trademark applications are turned down every month for many reasons. However, Working with a Trademark attorney will limit the likelihood of this occurring. Even though wide range of trademark Attorneys are there and finding a trademark attorney is not a very challenging task. However, the following are few things that one must consider while picking up the right attorney:

1. Specialization: The very first thing to take into consideration while short listing the right Attorney, is to see whether the Attorney is having an expertise with the particular type of Legal issues that one is facing. Therefore, it is always preferable that one chooses an attorney who has good knowledge and knows the field well. Trade mark law is a different domain of IPR law. Some attorneys may call themselves “intellectual property lawyers,” even though this can be absolutely misleading because each field of intellectual property is increasingly becoming a complicated legal world all to itself. There arises the second point to be check listed.

2. Experience: An experienced trademark attorney is one who is well acquainted with the common problems and the errors those are linked with the trademark registration process. An attorney having a relevant experience in registering the trademarks will always have an upper hand to it. Here along with the experience he should also be reasonably congenial to work with and acknowledges your competence.

3. Reputation: One is advised to briefly go through the profile of the attorney and make  a background check than blatantly handing out their trademark work to any attorney. How many applications are filed yearly and how many are accepted and registered are relevant questions to be kept in mind.

If the attorney holds a good reputation in the market, there are chances he’ll charge exorbitant amounts, therefore engage an attorney who is feasible to you.

4. High Quality Service at a competitive price: Registering a trademark takes time in some cases; the process may last longer than a year. During this stage, the trademark attorney should be willing to keep you informed and if there are any updates on the status of your application i.e. the trademark application is objected or accepted and if the trade mark Registrar raises objection for registration of trademark application then your attorney will notify you and will draft a written reply which holds reasons, facts and evidences to support your mark Find out if your attorney is willing to keep you updated and how frequently the lawyer will do so.

Your attorney should be willing to provide you with papers of your trademark search report. If your application should evolve into a trademark suit, the attorney must be able to keep you updated on the progress of your defense.

5. What kind of support the Attorney can offer: In case of registering a logo in international sphere. Your trademark attorney should be able to offer various services. A trademark attorney that is well connected will make certain that you are able to register your business without any complexity. They will guide you well all through the registration process and therefore give you good assistance for your intellectual property.

It is always recommend to seek consultation with an attorney before you make your final decision as this gives you the best possible opportunity to assess his or her capabilities.

Concluding Remarks

Some people believe that hiring a trademark attorney is overpriced. However, in most cases, it is ultimately more costly not to hire one. When it comes to choosing an attorney, select someone of extraordinary value for the quality of service delivered willing to work for you. The task of a trademark attorney is not simply to get a trademark for you, but to appraise  the different options you have and give you the advocacy that make the most sense for your business.

Author: Pratistha Sinha, Associate at IP and Legal Filings  and can be reached at

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