Austin Trademark Attorneys & Lawyers

Why Hire a Trademark Lawyer?

If you are applying for your first trademark or you want to register a challenging mark, hiring an Austin lawyer gives you a much better chance of success. When an attorney helps you prepare a trademark application, its approval rate increases by 50 percent.

While some trademark attorneys specialize in applications and other transactions, others focus on litigation. Make sure you hire the right kind of Austin attorney:

• Transactional Attorneys: When you need help with registering a trademark, hire a transactional attorney. These lawyers assist with the research and application process. They will also advise you if the United States Patent and Trademark Office (USPTO) denies your application.
• Litigation Attorneys: If you need help protecting an existing trademark, search for a litigation attorney. These lawyers help you defend your trademark and build a case against infringers.

Not sure if you need legal advice? In Austin, trademark lawyers assist with the following types of trademark issues:

• Researching a Trademark: Before applying for a trademark, you need to make sure it isn't the same as existing marks. A trademark lawyer knows how and where to search, which will prevent problems down the road.
• Choosing the Right Trademark: A top trademark attorney knows what you can trademark and how to develop a completely unique mark.
• Registering a Trademark: The best trademark lawyers have completed many applications. They know what language to use to create a strong trademark and how to show examples of your mark in use. They can help you build a successful application.
• Responding to Objections: The USPTO asks for amendments and other actions for many trademark applications. An experienced lawyer knows how to respond to these objections effectively.
• Maintaining a Trademark: Trademarks do not last forever. Knowledgeable lawyers know when you need to file maintenance documents and how much they cost. Some even do this for you to ensure that you keep your trademark rights.
• Defending a Trademark: When you hold a trademark, you must protect it from unauthorized uses. The best trademark lawyers know how to create a paper trail with a cease and desist letter and can take your case to court to defend your intellectual property rights.

How to Find the Best Trademark Lawyer in Austin

To begin searching for a top Austin trademark lawyer, look for an attorney who is a member of the State Bar of Texas. All attorneys who provide legal services in Texas need a license to practice in the state of Texas.

Most Austin lawyers join the state bar by graduating from an American Bar Association-accredited school and then passing the Texas Bar Exam. They also have to complete a character and fitness examination with the Texas Board of Law Examiners before they can practice. In addition, some lawyers who are members of the bar in select other states can seek admission to the State Bar of Texas.

Before hiring a trademark lawyer in Austin, do some background research:

• Make sure he or she is in good standing. You can search online for grievances or complaints filed against lawyers in Austin via the State Bar of Texas. You can also call the State Bar of Texas to find out whether a particular attorney is a current member.
• Read the biographies and CVs of any attorneys you plan to hire. Make sure they specialize in trademark law and have plenty of experience in intellectual property law.

Confirm that any attorney you are considering understands the complex nature of trademark law. This will help you make a strong case for trademark registration. Check the following before getting legal help in Austin:

• Your attorney has the time to take your case on a timeline that works for you.
• Your lawyer communicates clearly and provides updates about the progress of your case.
• If paralegals will assist with your trademark application, understand how much your lawyer will oversee their work.

Questions for a Trademark Lawyer

From registration to maintenance to protection, an experienced trademark lawyer can help you protect your intellectual property. Get the legal assistance you need from a top trademark attorney in Austin.

• How many years of experience do you have in the trademark field?
• Does your legal work focus only on trademarks, or do you work in other areas, too?
• What are your fees for registering a trademark, and what does the process include?
• Can you help me choose a strong trademark?
• What trademark specimen should I use in my application?
• Can you advise me about protecting a trademark I hold?
• Can you send a cease and desist letter to a trademark infringer on my behalf?
• Have you argued cases before the Trademark Trial and Appeal Board (TTAB)?
• What do I have to do to maintain my trademark registration?
• How do you learn about changes and updates to trademark law?