Do You Need a Lawyer to Prepare a Trademark Application

Posted by Michael Shimokaji | Apr 01, 2014 | 0 Comments

Question: Do I need a lawyer to help me with a trademark application? If so, how much would be a fair charge for the legal services?

I am looking to start a business in South Florida with the goal, if the concept proves to be successful, to franchise this concept. I am doing research and would like to trademark the name of the soon to be business. On a preliminary search, there is no trademark of the exact name. I see two trademarks with the phrase in it but with a distinguishing word or phrase before it. Would this have any bearing on my pursuit to trademark the name. In the comments of the trademark it says it has no rights to the phrase I am looking for specifically. Do I need a lawyer, what would the lawyer's services entail, how long would it take me to get the trademark, and how much should I expect to pay? Thanks for your help!

Answer: Whether you can obtain a trademark registration in view of other trademarks is difficult to answer without knowing the specifics of your mark and the other marks. Your ability to obtain a registration is dependent on a number of factors, such as similarity of the marks both visually and audibly.

Applicants are not required to use an attorney and fees vary considerably among attorneys. Here is what we charge –

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.


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