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Fifteen Questions to Ask Your Trademark Lawyer

Posted by ipelton on: November 16th, 2011

Hear are some good questions that business owners should ask of any trademark lawyer before hiring him or her:

  1. How much experience do you have working in the field of trademarks? 1 year? 5 years? 10+years?
  2. Does your practice handle other types of cases, or is it focused?
  3. Have you ever worked for the USPTO?  Inside experience can’t hurt.
  4. What are your fees? How much are they and how are they calculated? Are they hourly or flat?
  5. What do your fees for a trademark application include? What happens if the USPTO requires more information or initially rejects the application, are there additional charges to respond?
  6. How do you keep abreast of developments in the field of trademark law? Are you active in associations? Have you attended or given continuing legal education trademark programs in the last year?
  7. How many registered trademarks do you own? Do you practice what you preach?
  8. How do you keep track of deadlines with the USPTO? Do you have customized software?
  9. How many trademarks have you registered? 10+? 100+? 1,000+?
  10. How large is your staff? Do you use paralegals or outsourced contractors to work on trademark applications? Do you personally handle or directly supervise all the work on a client’s application?
  11. Have you received any awards or recognition?
  12. What type of content have you created so I can learn about you and about your trademark experience? Do you blog, write articles, or create videos?
  13. How many oral arguments have you handled before the Trademark Trial and Appeal Board (TTAB)? The TTAB is the reviewing administrative court or the USPTO. They interpret most of the laws and regulations that the USPTO trademark examiners must then follow.
  14. Do you offer a free consultation?
  15. How does your firm keep up with the latest developments affecting intellectual property online, in social media, and mobile applications?

Check back on this blog tomorrow for my answers to these questions.

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