Focused on the protection and development of your trademark portfolio

What can a New York trademark attorney do for me?

A trademark attorney can help you avoid costly mistakes in the selection and use of your trademark or service mark. It is the job of the trademark attorney to advise you of the risks associated with trademark use, and through review and evaluation of appropriate trademark searches, assist you to adopt a mark that will not be subject to competing claims.

Why should I hire a trademark lawyer?

The basic reason is that it makes good business sense, because in the long run, hiring a good trademark attorney will most likely save you money.

When should I hire a trademark attorney?

Ideally, you should engage the services of an experienced trademark attorney whenever your company is considering launching a new product or service. The best time to get a trademark attorney involved is before you have committed significant resources to a particular trademark.

If you have already adopted and used a trademark or service mark, it may be wise to engage a trademark attorney to perform a search to discover potential conflicts with other trademark owners. This can help you make an educated decision about continued use of your trademark, before any issues arise.

A trademark attorney can help you avoid registration issues

If you want to make an application for federal registration of your mark, it is wise to engage a trademark attorney to guide you through the formalities of the application process. Even if you have already been using the mark for some time, a trademark attorney can advise you whether it makes sense to apply for federal registration, and if so, the trademark attorney can skillfully draft your application to help avoid objections by the government trademark examiner.

Isn’t hiring a trademark lawyer an expensive option my company can easily do without?

Hiring a trademark attorney may seem expensive, if the cost is analyzed in a vacuum. But if you compare the cost of engaging an experienced trademark attorney to the cost of litigating a trademark dispute, or the cost incurred if your company has to stop using a mark after spending years building up the value of the mark through expensive advertising campaigns, it becomes clear that hiring a trademark attorney is the less costly alternative. It costs more to hire a pilot than to fly the plane yourself, but there is value in having someone with experience at the controls. Like flying, trademark use involves risk. It is the job of the trademark attorney to help clients minimize that risk as much as possible. Engaging a trademark attorney to evaluate the availability of a proposed trademark prior to launching your product or service will lower your risk in using the mark. By minimizing the risk, the value of the trademark is increased. Clearly, hiring a trademark attorney to help you navigate the seas of trademark law is a wise investment.

What about using a non-attorney agent instead of a trademark attorney to file my trademark application?

Only a licensed attorney is qualified to advise you as to the legal risks inherent in trademark use, and a trademark attorney should be most knowledgeable concerning trademarks. You should never hire a non-attorney agent to perform a trademark search or file a trademark application -- it takes an experienced trademark attorney to give you a legal opinion as to the availability of a trademark for adoption, use and registration. A non-attorney may do little more than fill out forms, and charge you for it. Although using a non-attorney service will undoubtedly be cheaper than hiring an experienced trademark attorney, remember – you get what you pay for.

What else does a trademark attorney do?

Besides trademark clearance and prosecution of applications for registration, a trademark attorney can help enforce your trademark. Your trademark attorney can maintain a trademark watch to monitor potential infringing trademark use and alert you when such uses are uncovered. Your trademark attorney can advise you whether it makes sense for you to take action to stop a potentially infringing use. If action is needed, your trademark attorney can go to work for you to put an end to the infringing use. On the flip side, your trademark attorney can offer you sound advice if you receive a cease and desist letter demanding that you stop using your trademark. Most importantly, hiring a trademark attorney at the right stage of your marketing campaign can help you to avoid adopting a mark that will be likely to subject you to liability for trademark infringement.

A trademark attorney can advise you whether your proposed mark would be registrable in relation to your goods or services, and can help you go through the process of selecting a trademark. A good trademark attorney can become an important partner in your company’s strategy for growth, by making sure you take the necessary steps to safeguard your important intellectual property.

Don’t sell your company short – consult with a trademark attorney. Arm yourself with the knowledge to use trademarks wisely and avoid costly mistakes.

*Past results do not guarantee a similar outcome

TRADEMARK LAWYER THOMAS M. WILENTZ ATTORNEY AT LAW, PLLC