Business owners of all kinds want to protect and secure their brands and business identity, which are important intellectual property assets. Registering your trademarks is the best way to accomplish that. But what do you need to do to get a trademark in the first place? Learn more about whether you need to work with a local lawyer, as explained by a licensed trademark attorney from Portland, Oregon.
Trademark Requirements in the USA: Basic Questions Answered
Whether you're a U.S. citizen, or from a different country and want to do business here, it's important to understand your options for legal assistance when filing a trademark application. We answer some of the more common questions here, but if there's something we don't answer below that you're still curious about, feel free to get in touch and ask!
Do I Have to Find a Lawyer In My State to Submit My Trademark Application?
Short answer: No. You can work with an attorney licensed in any of the 50 states (or districts/territories like Washington, D.C.) to file a U.S. trademark application. For example, IdeaLegal's trademark application attorneys are licensed to practice in Oregon, but we've worked with clients from all over the country and the world. We have a well-established system for completing trademark applications for our clients regardless of where they live or their businesses are based.
Explanation: Many people hire a lawyer in the United States because they are dealing with a criminal or civil matter under the jurisdiction of a specific state. Common matters like divorce, personal injury, and misdemeanor crimes are typically handled in a state court. Because each state in the U.S. has its own constitution and laws, it's essential to hire a lawyer who understands the legal system in the specific jurisdiction a trial is taking place. That's why state bar associations exist, and why lawyers typically have to be licensed in a specific state in order to do their jobs there. However, trademarks are not issued by state-level government bureaus; there is a single federal trademark office in the U.S.: the United States Patent & Trademark Office (USPTO). Its status as a federal entity means no specific state licensure is required, though attorneys representing clients on trademark matters do need to have an active law license in good standing with a state bar. It doesn't matter which state, though! That means if you live in Portland, Oregon, or anywhere else in the world, you can hire us to be your trademark attorneys due to our competitive pricing and track record of client satisfaction rather than our geographical location.
Can I Submit a Trademark Application Without a Lawyer?
Short answer: Yes, but only if the residential address you'll use on your application is located within the United States.
Explanation: Trademark applications ask for very detailed information because they're ultimately all about identity. That means you'll need to not only provide information about your business but about yourself as well. One of the things you'll need to provide is a current residential address—what the USPTO refers to as a “domicile address.” If your domicile address is in another country, you are required to work with an attorney licensed in one of the 50 states in order to submit an application.
For everyone living in the U.S.: As is true of many other types of legal matters in the U.S., you aren't required to work with a lawyer to file a trademark application; the USPTO provides instructions on their website that make it possible to apply on your own. However, just because you can doesn't mean you should. The trademark application process may seem simple at first, but there is a wide range of issues and challenges you might encounter. Trademark application fees are non-refundable, and you can lose more than just that fee if you're racing against the clock to get a leg up on your competition. Working with an attorney ensures you have someone by your side who understands not only all the hurdles that can come up but also how to jump over them and keep going without stumbling.
Can I File a U.S. Trademark if I Am Not a Citizen?
Short answer: Yes. Anyone who conducts business in the U.S. can apply for a trademark.
Explanation: Citizenship status doesn't matter when it comes to protecting your intellectual property in the United States. The USPTO only cares about where you register your domicile address. Even if you live outside of the country, you can still apply for a trademark. You'll just need to work with a lawyer to do so. People who live within the U.S. can also work with lawyers. We have experience working with clients who've tried to submit their own applications but ended up running into problems they couldn't solve by themselves. Working with experienced attorneys from the very beginning can help save time and money in the long run.
Interested in getting started on your trademark application? Click here for more information about our process, including pricing, or get in touch with us to get the ball rolling.