Columbus, OH asked in Trademark and Intellectual Property for Ohio

Q: What information do I need to provide a lawyer to file a trademark?

I'm looking to file a trademark and I would prefer to hire a lawyer to take care of the process. I'm not sure what information I need to have prepared for the attorney beforehand.

4 Lawyer Answers

A: To prepare for an application to register a trademark, you should have a "specimen" showing use of the mark (usually a photo or screenshot of your product or service with the mark displayed), the date of its earliest use in commerce, and a description of the goods or services for which the mark identifies you as the source. If the mark includes a graphic design or stylized test, you will need a high-resolution image (300 dpi) of the mark. You will need to identify the entity using the mark and applying to register it, whether it is a sole proprietor, partnership, limited liability company or corporation.

A: Thank you for asking this interesting question on JUSTIA. You need a consultation with a lawyer before you try to cover all this in advance. TM Law is too highly fact bound and less or more will be required by that conversation . . . that is the full truth. Call a trademark attorney asap. Get a consult. That consult will save you hundreds of dollars and a lot of aggregation. Best of luck to you!

A: To prepare to work with a lawyer to file a trademark you want to be able to provide to them information regarding whether you plan to file an "in-use" application or "Intent-to-use." To file an "In-Use" application you must provide them with a specimen of work showing the mark in-use in relation with the goods and services you are filing with. You will also need to provide the name, address, and email of the owner of the mark. Its best to call a TM attorney and consult with them to guide you through the process.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: To file a trademark, you'll need to provide your attorney with specific information to ensure a smooth and effective application process. Start by providing a clear representation of the mark you wish to trademark, such as a logo, word, phrase, or design. Include any variations of the mark if they exist.

Describe the goods or services associated with the mark. This description should be precise, as it will determine the scope of protection your trademark receives. You also need to inform your attorney about the date of first use of the mark in commerce, if applicable. This is important for establishing priority.

Your attorney will need to know if the mark has been registered or applied for in other countries. This information can affect the U.S. application process.

Be prepared to provide details about your business, including the legal name and structure of the entity that will own the trademark.

Finally, discuss with your attorney any potential conflicts or similar trademarks that you are aware of. This can help in assessing the likelihood of your mark being successfully registered.

Remember, thorough and accurate information is key to a successful trademark application. Your attorney will guide you through any additional requirements or steps in the process.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.