question.jpgIn Trademarks

Can I get a trademark without a lawyer?

You can obtain rights in a trademark without consulting an attorney. By simply using a mark, you will obtain certain common law rights in the mark. In addition, you can file applications with any state, or with the federal government, seeking to register your trademark (with regard to federal registrations, the Trademark Manual of Examining Procedures (the “TMEP”) provides detailed rules, regulations and discussion about the steps necessary in obtaining a federal trademark registration).

However, you should consider consulting an attorney prior to using a trademark. The trademark you ultimately end up using can be a big decision, particularly because you do not want to later become a success only to find that you cannot actually protect your mark. A trademark attorney can help you conduct the appropriate trademark searches and take other steps necessary to fully protect your rights. In selecting a trademark attorney, it should be noted that the attorney does not have to be registered to practice before the United States Patent and Trademark Office, as patent attorneys.