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October 16, 2009, Newsletter Issue #99: Interview A Trademark Attorney
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Tip of the Week
It is very important that you consult with a trademark attorney who has extensive trademark registration experience in the early stages of the process. This is too critical a time to be learning by trial and error as the consequences of incorrect registration can be far-reaching in terms of time and money. Do not choose attorneys based solely on lawyer referral services. These services typically do not evaluate the abilities of the attorneys in their listings. They accept any attorney willing to pay their membership dues.
Do not choose attorneys based solely on their advertisements. All a fancy advertisement tells you is that the lawyer has funds for advertising.
DO interview attorneys and determine who you’ll be working with – the attorney or paralegals.
DO ask if the trademark lawyer has experience registering trademarks in your industry.
DO not worry about physical proximity. Your attorney will be able to work effectively via telephone, e-mail and fax.
DO check the Patent Trademark Office’s web page, www.uspto.gov, to make sure that the attorney has previously registered numerous trademarks.
DO trust your instincts. Personality is important, as you will be working closely with your attorney during the initial phases of trademark registration and later in the event of infringements.
DO understand the attorney’s billing policies. Is it per hour? And what is the rate per hour? Make sure it’s affordable for the level of service you require.
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