Questions to ask before hiring a Trademark Attorney
So you want to file a trademark, and you know you should hire an attorney, but how the heck do you know what attorney to hire? I want to share with you some of the most important questions to ask when hiring the attorney that will be responsible for filing your application and helping you ultimately attain trademark registration.
How much experience do you have as an attorney and with filing trademarks? Now longer doesn’t always equal better. Maybe the attorney is newer and charges a lower price. Or maybe it is someone who has been doing this for a long time and charges a higher price. While neither is right or wrong, it’s important for you to be informed so you can make a decision that you are most comfortable with.
Is your firm a trademark only firm? It’s important to know if you are working with a specialist or a generalist. Of course either is fine but keep in mind that trademark law and trademark filings are quite intricate and come with many nuances that a specialist is more likely to be aware of and familiar with.
Do you charge an hourly fee or a flat fee? Traditional law firms will charge you by the hour. I find that more modern firms (like mine!) charge flat rate fees so the client doesn’t have to be worried about every email sent or how long things take.
Are the federal fees included in your rates? The federal fee for filing a trademark is between $225-$275 depending on how many classes you file in. It’s important to know whether you are expected to pay these fees separately or if they are included.
Do you own any of your own trademarks? (I do!) It’s important for the attorney you are working with to put their money where their mouth is. If they haven’t even bothered to register any of their own marks why should you trust them?
How do you manage the timeline and how am I as the client informed of status changes. It’s important to know your attorney’s policy on filing deadlines, responding to office actions, etc. Also, you want to make sure you know how much and how often you will be kept in the loop. It’s also ok to request more frequent or less frequent updates depending on their policies. Remember the entire trademark process can take 6-12 months so whether you want the play by play or to just be informed of significant changes is totally up to you.
When can you start? Filing a trademark and starting the process is important, so if an attorney tells you that they can’t start for a few weeks or months from when you inquire, it might be a good idea to go elsewhere. I believe and organized attorney will have systems and staff in place to make the process seamless and not create a huge backlog of clients.
As always, you want to make sure you choose an attorney you feel comfortable with and who will be serve your needs. Don’t be sold by someone who makes false statements or promises. No one can ever guarantee registration (as it is totally up to the USPTO) and if they tell you they can they are lying. But there are people out there (like me!) who will work to the best of their ability to help you attain a registered trademark!