Registering a trademark


There are a few questions about trademarks, and the answers seem to indicate that it is best to hire an attorney.

The US Trademarks web site seems to offer specific forms with instructions, and - at least in theory - it seems that it should be possible for a non-lawyer to figure it out.

Is it just that it's very complicated and it takes time to learn? Or are there steps that only a lawyer can do?

My startup will take some time to bring in any money, so I'm trying to limit expenses.


回答: 4 public & 0 非公開


The USPTO's TEAS system, while antiquated and with LOTS of text on almost every screen, is not terribly complicated and a non-lawyer can definitely "figure it out" inasmuch as the non-lawyer may successfully file and pay for something. That is merely procedure, however, and the true benefit of an attorney (who might breeze through the electronic filing in just a few minutes whereas it may take the uninitiated much longer) will be realized before then: evaluating mark selection, performing trademark clearance searches, and ultimately advising on exactly what to file. Moreover, as the other attorneys have mentioned, applying for a trademark registration is a legal process with the U.S. Government complete with attestations, oaths, and declarations. Engaging an attorney to review your proposed marks, qualify their registerability, selecting appropriate classes of goods / services, and filing the application does not have to be terribly expensive: absent some exotic situation, you should be able to find an attorney who can do the foregoing for well under $1,000 / mark.