Hire an Attorney?

What a Private Attorney Could Do

For advice about trademarks and the USPTO registration process, you should consider hiring a private trademark attorney (not associated with the USPTO) to help you. Although not required, most applicants use private trademark attorneys for legal advice regarding use of their trademark, filing an application, and the likelihood of success in the registration process, since not all applications proceed to registration.

A private attorney may save you from future costly legal problems by conducting a comprehensive search of federal registrations, state registrations, and "common law" unregistered trademarks. Other trademark owners may have protected legal rights in trademarks similar to yours that are not federally registered; therefore, those trademarks will not appear in the USPTO's Trademark Electronic Search System (TESS) database.

A private attorney can also assist in the policing and enforcement of your trademark rights. The USPTO only registers trademarks. You as the trademark owner are responsible for any enforcement.

How to Find an Attorney

To locate an attorney, consult your local telephone listings, the Internet, or contact the attorney referral service of a state bar or local bar association (see American Bar Association's Consumers' Guide to Legal Help (link is external)). The USPTO cannot provide you with legal advice or help you select an attorney.