How do I Choose the Best Trademark Law Firm?

M. Lupica
M. Lupica
Part of an application to register a trademark.
Part of an application to register a trademark.

Trademark laws vest in the trademark holder the sole right to use a particular mark in commerce. If you are a business owner, it is of the utmost importance that you utilize this protection to your full advantage by hiring a trademark law firm because your business’s name is invariably one of your greatest assets. The best way to find the right trademark law firm for you depends on a number of factors including the nature of your trademark issue, the age of your company, and the size of your company.

If the company you own is newly formed, your budget may be an issue. While cost should rarely be a primary factor in seeking out an attorney, if you are only in need of a trademark registration, you can feel free to go with the cheapest trademark law firm available. Trademark registration is a fairly simple task that requires very little expertise, and there is not much of a difference in skill between trademark attorneys when it comes to the basic registration of a mark.

If your company is older, doing more business, or there is another factor that hinges upon your mark’s proper registration, then a higher level of expertise is a must. Experience with trademarks may be implied by the main business a trademark law firm does. Ideally, you want to find a trademark law firm that specializes in intellectual property. If you cannot find one within your budget that does so, then you can look to law firms that operate within spheres of law that often deal with trademarks, such as entertainment law firms.

When you target a trademark law firm that meets your general guidelines, you will have an initial interview, most likely over the telephone. In this interview, you want to ask questions regarding the trademark law firm’s experience in dealing with the jurisdiction’s trademark office. If there are any issues with your proposed mark, the process will entail a significant amount of interaction with the examining attorneys at the trademark office. It is of the utmost importance that your trademark law firm has a full understanding of the process.

If another company has potentially violated your mark, the things you must consider in looking for a trademark law firm are much different, as successful trademark litigation takes a much different set of skills than trademark registration. First and foremost, you want to look for a trademark law firm that has a record of successfully defending the trademark rights of its clients. As with any business expense, you must stay within what you can conceivably afford, though in this situation, expertise and skill are more important than any other. If you are not able to successfully defend your trademark against the alleged violation, you will likely lose all your rights in the mark, which is more costly to your business than any attorney fees.

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    • Part of an application to register a trademark.
      By: fuzzbones
      Part of an application to register a trademark.