Do I need an attorney to file a trademark application?
No, although it may be desirable to employ an attorney who is familiar with trademark matters. An applicant must comply with all substantive and procedural requirements of the Trademark Act and Trademark Rules of Practice even if he or she is not represented by an attorney. The names of attorneys who specialize in trademark law may be found in the telephone yellow pages, or by contacting a local bar association. Trademark search firms are often listed in the yellow pages under the heading “Trademark Search Services” or “Patent and Trademark Search Services.” The USPTO cannot aid in the selection of a search firm or an attorney.
No, although it may be desirable to employ an attorney who is familiar with trademark matters. You may access the trademark forms, plus information about applying for a trademark, by clicking Basic Facts About Registering a Trademark. The forms may be downloaded, filled out and mailed in, or, by clicking PrinTEAS, you can fill out, validate, and print trademark and service mark applications via the PTO web site. Many applicants find it beneficial to search a mark (to see if there are any registered, pending, or previously used marks) before filing a trademark application. We do not offer online searching of our trademark database at this time. Word marks (marks consisting only of words) may be searched at one of the over 70 Patent and Trademark Depository Libraries (PTDLs) located throughout the United States. For a listing of these locations, please click here PTDL. You must actually go to the library itself and perform the search yourself.
It is now easier than ever to register a trademark without an attorney. Practically everything can be done online. The wealth of information on the Web about trademarking makes it possible to become relatively savvy in a fairly short time, without consulting an attorney. Most of the information you need can be obtained at the US Patent and Trademark Office (also known as the PTO). But, there are numerous other Web sites that explain trademark law and give a general overview of the registration process. The PTO site answers all of your basic questions and enables you do an online trademark search. You can also access necessary forms and submit the application without so much as getting out of your chair. You can download from the PTO or do things the old fashioned way — through the mail.
