Here are the top 10 questions to ask your trademark attorney, along with why each one matters.
1. Do I Really Need a Trademark?
Not every business needs a registered trademark. Start by asking whether registering a trademark will add real value to your brand. A good attorney will help you decide based on your business goals, market presence, and risk of infringement.
Stat: According to the USPTO, over 730,000 trademark applications were filed in 2023 alone—proof that protecting your brand is more important than ever.
2. Is My Trademark Eligible for Registration?
Your attorney should review your business name, logo, or slogan to see if it meets trademark standards. Trademarks that are too generic or too similar to existing marks may be denied.
3. Have You Handled Cases Like Mine Before?
Experience matters. Ask if your attorney has worked with clients in your industry. Trademarks in tech, fashion, or food industries each come with different challenges.
4. What’s Involved in a Trademark Search?
A detailed trademark search helps avoid legal trouble. Ask how your attorney conducts searches—do they use only free databases like TESS, or do they use paid tools and expert analysis?
SEO Tip: A “comprehensive trademark search” is a keyword many people search before hiring a lawyer. Make sure your attorney provides one.
5. What Will This Cost Me?
Ask for a clear estimate. Some attorneys charge flat fees for trademark services, while others bill hourly. Also, ask about any USPTO filing fees, which typically range from $250–$350 per class of goods/services.
6. How Long Will the Process Take?
The trademark registration process usually takes 8 to 12 months. Delays are common, especially if the USPTO issues an Office Action. A seasoned attorney will walk you through each step and help you avoid mistakes that slow things down.
7. What If Someone Opposes My Application?
Trademark opposition is rare, but it happens. If another party thinks your mark is too similar to theirs, they can file an objection. Your attorney should explain how they’ll defend your application if it’s challenged.
8. How Will You Monitor My Trademark After Registration?
Registering your mark is just the beginning. A proactive attorney will offer trademark monitoring to help you catch infringers early and keep your rights strong.
Stat: The International Trademark Association (INTA) reports that over 80% of brands face infringement attempts annually, making ongoing monitoring essential.
9. Can You Help Me Enforce My Rights?
If someone uses your trademark without permission, your attorney should be ready to take action. This could mean sending a cease and desist letter, negotiating a settlement, or filing a lawsuit.
10. What Happens If I Expand Internationally?
If you plan to go global, ask about international trademark protection. Your U.S. trademark won’t protect you overseas, but your attorney can help you file through the Madrid Protocol or local trademark offices.
Hiring a trademark attorney is a smart investment in your brand’s future—but only if you ask the right questions. The more you know, the better decisions you’ll make. From checking if your brand name is legally sound to protecting your rights after registration, the right attorney can make trademark law simple and stress-free.
If you’re ready to talk to a trademark attorney, start with these 10 questions. They‚Äôll help you choose someone who not only knows the law but also has your business’s best interest in mind.