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Trade Mark - Choosing a Lawyer

Tim001

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Sep 12, 2018
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Hi All,
Does anyone have any recommendations on how to best find a lawyer for a small business? Does anyone have any tips?

I'm having some trouble finding one in my area.

I have an LLC, have been operating for about a year, now looking to submit an application for a trademark, however, I would like to review by a lawyer.

Thanks,
Tim
 

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NMdad

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It's best to find an IP attorney who specializes in what you need. For example, if you want to do a trademark for a brand of dog food, ideally find an attorney who's done consumer-based, food-based trademarks. Likewise with patents: you wouldn't want an IP attorney doing your dog-food-manufacturing-process patent who's mainly worked on oil-drilling-equipment patents.

Also, as someone who's worked with a bunch of IP law firms (large & small), you can look at a mid-sized IP law firm (30-60 attorneys), since they already have systems/templates in place and can likely do what you want more efficiently. Or, you could find a smaller IP law firm (less that 10 attorneys) who've worked at large IP firms--since they'll have gotten experience at the large firm before striking out on their own. Either way, the hourly rate and overall cost will likely be similar.

You might consider calling a mid-sized IP law firm & asking for a referral to someone who specializes in what you need, then pick their brain & interview them before you choose them.

Where are you located? (I might know a firm in your area that I could point to you).
 
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Lucky Lu

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Hit me up, I can take a look at your forms. Usually it takes between 9 to 15 months to have your process finished. In about 4 weeks you would know if you filed everything correctly and you need to only wait to see if someone objects your commercial name in your category. If someone does you can either fight it or file for another one that suits you and is available.
After filing you can use "trademark" after your commercial name, and you can start using the "®" once your trademark is granted. (Registered)

Let´s do a search first to see if the name is viable. Have you done that?
 

Vigilante

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Where are you located?
 

Lucky Lu

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Hit me up, I can take a look at your forms. Usually it takes between 9 to 15 months to have your process finished. In about 4 weeks you would know if you filed everything correctly and you need to only wait to see if someone objects your commercial name in your category. If someone does you can either fight it or file for another one that suits you and is available.
After filing you can use "trademark" after your commercial name, and you can start using the "®" once your trademark is granted. (Registered)

Let´s do a search first to see if the name is viable. Have you done that?
Also, if you are located in the US you can file using any service you want or even by yourself. If your address is outside the US an attorney is mandatory.
 

c4n

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If your address is outside the US an attorney is mandatory.
Has this changed recently? I was able to file it myself a few years ago without problems.
 

Lucky Lu

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Has this changed recently? I was able to file it myself a few years ago without problems.
Yes, if your address is in another country you have to either create an entity in the States with it´s principal place of business being in the US or have a lawyer licensed in USA during the examination process and opposing/refusals.
 

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