Hiring a trademark attorney is a smart move when you’re ready to protect your brand name, logo, slogan, or product line. But before you dive into working with just any lawyer, it’s important to know the right questions to ask. Choosing a trademark attorney is more than just finding someone who can file paperwork—you want a partner who understands your business goals and can protect your brand for the long haul.
Whether you're meeting in person or having a virtual consultation, asking the right questions can help you find an attorney who’s a good fit. Here’s a list of key questions to ask a trademark attorney before you get started.
1. Do You Specialize in Trademark Law?
Not all attorneys are trademark attorneys. Make sure you're speaking with someone who has real experience in this area of law. Trademark law is highly specific, and working with a general business or contract attorney could lead to costly mistakes.
Follow-up:
How many trademark applications have you filed?
Do you regularly deal with the USPTO?
2. What Is Your Trademark Search Process Like?
Before filing an application, a comprehensive trademark search is essential. This search goes beyond a quick look on Google—it should include the USPTO database and potentially even common-law trademarks (those not formally registered but still protected under the law).
Ask the attorney:
What databases do you search?
Will you give me a written opinion on the likelihood of my trademark being approved?
3. What’s Included in Your Trademark Filing Fee?
Trademark attorneys often offer flat-fee packages, but not all packages include the same services. Some might only cover the application itself, while others include the search, monitoring, and responses to office actions.
Clarify:
What does your fee include?
Are government filing fees included or separate?
Will I have to pay extra if we receive an office action?
4. How Do You Handle Office Actions or Refusals?
Office actions are responses from the USPTO when there’s a problem with your application. These could be minor (like needing clarification) or more serious (like a likelihood of confusion with another mark). It’s important to know how the attorney will help if that happens.
Ask:
Have you responded to office actions before?
Is that service included in your flat fee, or is it billed separately?
5. What Happens After My Trademark Is Registered?
Filing and registration are just the beginning. Once your trademark is approved, it’s up to you to maintain and enforce it. Your attorney should help with these post-registration tasks.
Ask:
Do you offer monitoring services to watch for infringement?
Will you help me enforce my trademark if someone uses it without permission?
Do you help with renewals?
6. How Long Will the Process Take?
The trademark process isn’t instant—it often takes 8 to 12 months from application to registration. An experienced attorney can explain what to expect and keep things moving smoothly.
Follow-up Questions:
How long does it usually take for your clients to get their trademarks?
Will you keep me updated throughout the process?
7. Can You Help with International Trademarks?
If you plan to do business outside the U.S., ask whether the attorney can help file trademarks internationally. This involves different legal systems and may require coordination with foreign counsel.
Ask:
Do you assist with international trademark filings?
Can you explain how the Madrid Protocol works?
8. Can You Share Testimonials or Case Studies?
A reputable trademark attorney should be able to share client success stories or offer references. This can give you insight into their experience, professionalism, and communication style.
9. What’s Your Communication Style?
Clear and timely communication is key. You want an attorney who will keep you in the loop and answer your questions without delays.
Ask:
How do you prefer to communicate—email, phone, virtual meetings?
How quickly do you usually respond to client questions?
10. Are You the Person Who Will Be Handling My Case?
In some firms, the person you consult with isn’t the one who ends up handling your case. Clarify this early so you know who to expect updates from.
Looking for a Trademark Attorney in Orlando?
If you're ready to protect your brand and want trusted legal guidance, consider working with an experienced trademark attorney in Orlando. Braslow Legal helps businesses navigate the trademark process from start to finish—with clear communication, upfront pricing, and the personalized service you deserve.
Final Thoughts
Choosing a trademark attorney is an important decision, and asking the right questions can help ensure you find someone who understands your business, communicates clearly, and knows how to protect your brand. Whether you're filing your first trademark or building a growing portfolio, a knowledgeable attorney can be a valuable partner every step of the way.