Meeting with an attorney to start trademark process

[iowa]

What is the name of your state? Iowa

I'm in the process of contacting local attorneys to see if they can assist me with filing for a trademark/servicemark.

I don't expect the attorney will be anywhere near cheap but I would like to get as much of the research (leg work) out of the way prior to meeting with him/her.

Would you have any recommendations on what I should do so that I can be the best prepared for my meeting with a trademark attorney?

Thanks.

[TomD1974]

You aren't on trial - the attorney will just want to know what the trademark is, what goods/services are associated with it, and whether you are using it (which you need to be before you can file)

A good trademark attorney will then recommend a search, which will likely be accomplished by a third party like Thomson Compumark. I think the last one we did was like 600 bucks. Then you will want their help in interpreting the results. And then they will file for you if you'd like. You might spend around $1,000-$1,500 or more for the whole enchilada.

You don't need an attorney to do any of this - you could just file with the USPTO if you'd like and cross your fuingers that it will go unchallenged. That is initially much cheaper, but can be ultimately much more expensive down the road - once you have built business around a name and then have to throw it away. You are doing the right thing by getting professional advice early on.

[iowa]

So if the attorney makes a mistake in the trademark process that causes me to have to throw away the business sometime down the road will I be able to take recourse upon them if the trademark is challenged? Or does using an attorney just greatly reduce my chances of a future challenge to the trademark?

[TomD1974]

Originally Posted by iowa

So if the attorney makes a mistake in the trademark process that causes me to have to throw away the business sometime down the road will I be able to take recourse upon them if the trademark is challenged? Or does using an attorney just greatly reduce my chances of a future challenge to the trademark?

No, you do not sue an attorney for giving you his/her best advice and then having the vagueries of the intellectual property rights game play themselves out sometime down the road. This is by no means a black and white area.

Yes, getting professional advice will help you make the right decisions. You may be advised to think twice about applying for a certain mark. Carefully consider the advice you are given. Assuming that your attorney is experienced in this area, it is given to mitigate your exposure.

[iowa]

Originally Posted by TomD1974

Assuming that your attorney is experienced in this area, it is given to mitigate your exposure.

How would you recommend that I find an attorney that is well versed with trademark law?

I have looked in the Yellow Pages and asked people I know for references but haven't been able to find, what I feel, is the right firm.

I have called 5 law firms and 3 of them said they haven't performed this type of work but are sure they could do it. The other two firms just said they didn't practice in that area.

Would it be fine to contact an attorney in a different state that has experience in this area and conduct all related business over the telephone?

[TomD1974]

Have you tried on-line sources such as this forum? Or Googled for "trademark attorney Iowa" or something along those lines? You must have someone within a reasonable driving distance of you. Lots of them. Even in Iowa.

As for what to do to prepare - that question has already been answered.

[FlyingRon]

Stay clear from people who haven't done it but are sure they can.

You don't need to have one in your town. Trademarks are a federal matter.