Look around Denver, and you’ll see trademarked brands and logos everywhere. The area is known for some iconic brands such as Crocs, Chipotle Mexican Grill, and Coors Brewing Company. When you have a great idea for a business and want to protect your brand, you might wonder, “Is it worth getting a trademark attorney?” Hiring a trademark lawyer could be the decision that makes the difference in the future of your business.

The Trademark Process

• Choose a brand name that can be protected
• Conduct a clearance search
• File trademark application
• Monitor and maintain the trademark

Once you have chosen a brand name, the next step in the process is a comprehensive search to make sure that the trademark is not already in use. An experienced attorney can use advanced databases to analyze your trademark and compare it to other existing marks to prevent confusion and the potential for infringement.

Once the search is complete, it’s time to complete and file the application. In 2024, 767,138 new trademark applications were filed with the USPTO. This includes a description of the goods or services, determining the trademark’s class under the Nice Agreement, and what the logo looks like. Small mistakes during this stage of the process can cause big delays. An experienced attorney can help you correctly classify your goods or services, accurately describe them, and choose the right filing basis.

If the USPTO has questions or needs clarification, they will send office actions that need to be completed. An office action could be an objection because your trademark is too similar to an existing one or because of a problem with the application. A trademark attorney can address these office actions by arguing about its uniqueness or fixing application mistakes.

Why Hire a Trademark Attorney

If you want to grow your business, attract new clients, bring in investors or partners, or build a brand that will last, securing your trademark is more than just a legal formality. It is a strategic business move. Having a strong trademark can strengthen your business’s position in the market and protect the money and time you’ve invested in building it.

A trademark attorney can help make sure you are making the right decisions for your business right from the start. They can:

• Check to make sure your brand can be protected
• Identify risks
• File the correct paperwork
• Guide you through the legal process
• Keep your trademark active

An experienced trademark lawyer understands the process and can work to help make it go smoothly. They can check the USPTO database to determine if your brand name is available, and they can also check state records and domain names to uncover any hidden conflicts that may prevent your application from being successful.

What To Look for in a Trademark Attorney

Once you have decided to hire a trademark attorney, it’s important to consider a few things during your selection process. Consider a local attorney for your trademark case who:

• Focuses on intellectual property
• Has a successful track record
• Communicates clearly to make sure you understand the process so you can make informed decisions about your brand.

Hire a Trademark Lawyer

When you’re busy getting a new business off the ground, you may put off the trademark process. But this can have long-term consequences. If you don’t trademark your brand, someone else could legally claim the name or the logo. If they go through the trademark process first, you may have to rebrand your business.

A trademark attorney can help you easily navigate the legal road to receiving the protections you need to help your brand grow. As you look to be recognized in your market as the go-to for your product or service, your brand’s trademark will be the cornerstone of that recognition. Finding an attorney who recognizes that and can help you file correctly can secure that future.

Four Reasons Legal has decades of experience helping clients register and protect trademarks. Our knowledge of intellectual property law and our drive to aggressively represent our clients’ rights can help you through the complex trademark registration process.

FAQs

Q: Are Trademark Attorneys Worth the Cost?

A: In most cases, a trademark attorney is worth the cost. Working with an attorney who is familiar with trademark laws can often increase the success rate of an application by conducting a thorough search to avoid infringement. They can handle the legal process and help you avoid expensive disputes or rejections.

Q: What Is the Five-Year Rule for Trademarks?

A: The five-year rule for trademarks in the U.S. requires owners to file a Declaration of Use, or a Section 8, between the fifth and sixth year after the initial registration. It’s used to prove that the mark is still in use. If you can show that you have used the mark continuously for five years, it’s possible to file a declaration that makes your ownership rights incontestable.

Q: How Much Does a Trademark Lawyer Cost?

A: The cost of a trademark lawyer depends on the complexity of your trademark case. Some attorneys charge a flat fee if it is a basic application, while others may charge an hourly rate if your case involves office actions, oppositions, or infringement problems. Other factors that may affect the cost of an attorney may include their experience and the scope of the search.

Q: What Is the Average Cost to Trademark a Logo?

A: The average cost to trademark a logo depends on your case. There is a USPTO trademark base fee, but additional costs, such as the number of classes that your logo may use. If your logo requires more than one class, you’ll pay the filing fee for each class. You’ll also have to factor in attorney fees, an intent-to-use application if you are not using the logo yet.

Contact a Trademark Attorney

If you have invested time and money in building a business and reputation, it’s important to protect them. Contact Four Reasons Legal today to get started on registering your trademark. We can help you through the process from start to finish and handle the complex details, so you can focus on your business and your brand.