You’ve built a brand. You’ve designed a logo, named your business, and maybe even launched a product or service. But now comes the critical part: protecting it. That’s where a trademark attorney comes in.
If you’re wondering what does a trademark attorney do, you’re not alone. Many business owners know they need to protect their brand, but they’re not entirely sure how an attorney fits into that process—or why hiring one might be a smart move.
Here’s what trademark attorneys actually do and how they can help safeguard your brand and business.
The Core Role of a Trademark Attorney
A trademark attorney is a legal professional who specializes in trademark law—a key area of intellectual property (IP) law. Their primary role is to help individuals and businesses protect the names, logos, slogans, and other brand identifiers that distinguish their goods or services from others in the marketplace.
Their work isn’t just about filing paperwork. It’s about building a legal foundation for your brand and ensuring it’s protected from infringement, misuse, or future disputes.
Here’s What a Trademark Attorney Actually Does:
1. Trademark Search & Clearance
Before you even apply for a trademark, your attorney will conduct a thorough search of the USPTO (United States Patent and Trademark Office) database—and often beyond—to check for existing trademarks that may conflict with yours.
This isn’t just a courtesy—it’s crucial. A conflicting trademark could lead to your application being rejected or even a lawsuit if you unknowingly infringe on someone else’s mark.
2. Legal Advice on Trademark Strength
Not all trademarks are created equal. A trademark attorney can evaluate your proposed name, logo, or slogan and advise you on how distinctive—and protectable—it is. Generic or descriptive marks are harder to protect. An experienced attorney can help you choose a mark that stands the best chance of registration and legal protection.
3. Preparing and Filing Your Trademark Application
Filing a trademark involves more than submitting a form. You need to describe your goods or services precisely, choose the correct classification(s), and submit a proper specimen if required. Your attorney handles all of this to ensure your application meets the USPTO’s strict requirements.
4. Responding to Office Actions
If the USPTO identifies problems with your application—like a likelihood of confusion with an existing mark or technical errors—they’ll issue what’s called an office action. A trademark attorney knows how to craft a compelling legal response that can keep your application alive and moving forward.
5. Trademark Monitoring and Enforcement
Once your trademark is registered, it’s up to you to protect it from infringement. Many attorneys offer monitoring services to watch for similar marks being filed. If someone uses a confusingly similar brand, your attorney can send cease-and-desist letters, file oppositions, or even initiate litigation if necessary.
6. Trademark Renewals and Maintenance
Trademarks need to be maintained over time. A trademark attorney can help you track deadlines for renewals, filings of continued use, and compliance with USPTO requirements to keep your trademark active.
7. International Trademark Protection
If you’re doing business globally, your attorney can help you file trademarks in other countries or through international systems like the Madrid Protocol. Each country has its own laws and timelines, and a skilled attorney can help you navigate them.
Do You Really Need a Trademark Attorney?
If you're in the U.S., you can file a trademark on your own. But just because it’s possible doesn’t mean it’s advisable. Trademark law is nuanced, and small errors can lead to big problems—delays, rejections, or even the loss of your brand’s legal protection.
A trademark attorney doesn’t just file paperwork—they provide strategy, foresight, and protection. If you value your brand (and you should), hiring a professional can save you time, money, and stress down the line.
Looking for a Trademark Attorney in Orlando?
If you’re ready to protect your brand and want expert guidance from a local professional, working with a trusted trademark attorney in Orlando is a great place to start. Braslow Legal provides strategic, reliable legal services for individuals, entrepreneurs, and growing businesses seeking to protect their trademarks and intellectual property.
From first-time filings to managing an entire portfolio, their team offers the experience and personal attention needed to secure your brand with confidence.
Final Thoughts
So, what does a trademark attorney do? In short: they protect what makes your business unique. From choosing the right name to defending your rights in court if necessary, a trademark attorney is your brand’s legal guardian.
If your business relies on its name, logo, or identity to attract and retain customers, protecting those assets isn’t optional—it’s essential. Partnering with a skilled trademark attorney ensures you’re not just building a brand, but building one that lasts.