Other Trademark Questions

Do I Need an Attorney Generally, or a Patent Attorney Specifically?

You absolutely do not need a patent attorney to do your trademark work, if indeed you need an attorney at all. Patent attorneys are specialists in Patent law, which is virtually unrelated to trademark law, except insofar as the United States Patent and Trademark Office (USPTO) is the regulatory body for both patents and trademarks. While patent attorneys acquire a special license to practice patent law, nothing about being a patent attorney qualifies one to practice trademark law.

Whether or not you need an attorney at all is not as easy to answer, unless the answer "it depends" works for you. To be sure, no law requires you to have an attorney in any trademark related matter. A growing number of people are representing themselves in court as pro se litigants, although it is uncertain whether or not that trend exists in trademark lawsuits. Nonetheless, you are certainly allowed to proceed without an attorney on any legal matter. Whether or not it is recommended to do so depends on how risk tolerant you are, how much time you have, and how much money you have.

Where problems can arise is where you have a non-attorney represent you. This is unlawful in most states, and a questionable practice in any event. There are many businesses cropping up on the Internet that are more than willing to offer advice on searching for and registering trademarks. They may be cheaper (in the short run), but as non-attorneys they are not regulated as tightly as attorneys are, and they do not possess the same quality or depth of legal instruction, if indeed they have any at all.

If a lot is at stake, or you are highly intolerant of risk, proceeding without an attorney does not seem wise. Of course, much of trademark law consists of gray areas that leave risk-intolerant folks unsettled anyway, with or without an attorney. Nevertheless, having an attorney means you've done everything in your power to protect yourself. For many people, that alone is well worth the money. However, if you consider all of what can be lost as fairly trivial, or simply have no access to money, then by all means, consider going without an attorney. One word of caution here is warranted. It is human nature to believe we can do more than we can. It is also human nature to believe we won't miss something until it is gone. If you think there is little at stake, please first sit down and analyze the value of your hard work in creating a good business reputation. Then calculate the value of your time spent figuring out how to submit a strong trademark application. Most will probably find that the money for an attorney is justified.

Those who simply have little or no money oftentimes ignore trademark issues altogether rather than try to tackle them alone or with minimal assistance. This is especially unwise in trademark law where even doing a little work is far superior to doing nothing at all. Pliam Law Group, PA encourages anybody on a tight budget to do what they can, rather than nothing at all. We will gladly work with pro se (self-help) parties in whatever way makes sense. Furthermore, when filling out an application for trademark registration, the USPTO tries to be very helpful. They will sometimes even give you a second or third chance to amend mistakes in your trademark application, for a fairly modest fee, and often provide suggestions for re-wording your application. Beware, however, that their job is only to help you get through the registration process, not to advise you of all the legal ramifications of your decisions. More often than not, decisions which are made in order to increase the likelihood of a registration being issued end up limiting your trademark rights in the future. Nevertheless, if you have little at stake, or have no money, it can certainly be done without an attorney. This web site is intended to be a resource for people who have no choice because of financial consideration but to apply for a trademark registration on their own. There is also a superb book by Nolo press, entitled Trademark Legal Care for Your Business & Product Name, that helps people drafting their own trademark applications. With these resources, and a lot of time, most businesses should be able to complete a basic trademark application as long as there are no complications.

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IMPORTANT NOTICES & DISCLAIMERS: By viewing the contents of this web site you acknowledge that you have read and understood this paragraph. Pliam Law Group, PA intends this law page to be a resource on federal trademarks. The information contained herein is offered "AS IS," and no warranty is made as to its timeliness, quality or accuracy. While Pliam Law Group, PA is authorized to answer questions of federal trademark law, questions regarding state trademark law should be directed to attorneys in your own state. You should further be aware that every legal matter involves a variety of factors that cannot be addressed via the generalized content provided in a web site. Thus, the information provided herein should not be relied upon as legal advice, should not substitute for legal counsel, and does not create an attorney-client relationship. Finally, even though this web site addresses trademark law exclusively, nobody at Pliam Law Group, PA has any certification or specialization in trademark law, and no such certified specialization exists in the United States.