Do I need to hire a trademark attorney or can I file myself?
Not necessarily, as you can file the application yourself. Because of the complexity of trademark law it is often difficult for laypersons to determine the best strategy for registering a mark. A trademark attorney who is skilled in conducting trademark searches and familiar with the detailed procedure for trademark registration will help you enormously to save time, to ensure protection in the appropriate trademark classes and to avoid rejection on absolute grounds. An attorney can also make sure your application is as complete and thorough as possible. Incomplete applications may result in untimely delays or rejections.

If you do not have your place of business in the European Community, you must appoint a professional representative (solicitor or trademark agent) to handle your application. According to the Office of Harmonization in the Internal Market (OHIM), the appointment of a professional representative is mandatory for parties to the proceedings before the Office that have neither their domicile nor their principal place of business nor a real and effective industrial or commercial establishment in the European Community.

Is this site operated by an Attorney or Agent?
Yes. Trademark Matters is a service of Optimus Law Group, a law firm with a US and UK presence concentrating in immigration, trademark, and technology law. We are collectively qualified in Illinois, New York, and the UK. A trademark attorney will handle all of your trademark matters, not a paralegal, trainee, or law clerk. As qualified attorneys, we are accountable to our state bar association and law society and are therefore, committed to maintaining the highest standards of professionalism and service.

What's the difference between using Trademark Matters and using my own lawyer or a traditional law firm?
The biggest difference is cost. Most traditional law firms charge either a high fixed fee or fees ranging anywhere from £200 to £350 an hour. Additionally, traditional firms cannot offer the personalized service we boast to our clients.

Just what is it you do? Isn't it a matter of just filling in a form?
To fill in a form we generally charge a reasonable hourly rate. What we really do is advise you on your best strategy and course of action and represent your best interests in front of the Trademark and Intellectual Property Office of the country you wish to market your products and/or services in order to secure protection of your mark.

Aside from legal fees, are there any other fees that I must pay?
Please note that, aside from the legal fees for managing your trademark procedure, you must also pay the Government filing fees, which vary depending on the service you choose and the country you wish to seek a registration in. The Government fees consist of non-refundable processing fees.

Why should I hire you as my attorney?
There are many reasons. Here are a few.

Attorney-assistance: An attorney/solicitor will handle your case. Not a paralegal nor a law clerk. You will not be passed off to a paralegal after you have hired us, never to hear from an attorney again.

Availability/Accessibility: If you have any questions or concerns, you can call or email and we assure that we will return your query within 24 hours. Our clients love this feature and appreciate that their questions are answered promptly.

Reasonable fees: Our legal fees are very reasonable compared to other law firms. We believe that it is important for clients to feel they received value for their money. Value comes from getting results at a fair rate.

Do I have to pay for the entire application all at once or can I pay as I go?
Our payment system is designed to allow you to pay step by step. For example, you can pay for a search first and if the search reveals no serious roadblocks to registration, you can then pay for our registration service.

Can you guarantee that my application will be successful?
No attorney can make this type of guarantee. We have a very high rate of success with our applications. During the registration process, the govt agency may issue an objection or opposition and thus would require an appropriate response or further information before they can publish the mark. Failure to provide a convincing response can result in your application being rejected. The key is to conduct comprehensive searches and analyses so that you are prepared for the objection. We believe that using our service will greatly streamline the application process for you.

How should I file my trademark application?
The first step is to complete the online order form or telephone us. Once we have received and confirmed your instructions as correct, you will be asked for a payment and your instructions will be dealt by a trademark attorney. This attorney will prepare a specification of the goods and/or services that your application will cover and then send it to you, together with a letter of engagement, for acceptance. If you accept the wording of the specification, he/she will then prepare and file the trademark application with the relevant trademark office.

If the attorney requires any further information, he/she will let you know, when the specification is sent to you. You will not be charged extra for this service, unless the attorney believes that your specification will cover more Classes than you had indicated in your application form.

Ordinarily, it will be clear what your trade mark is - your business name, your logo, etc. The main difficulties arise with choosing the "Classes" and where there is a colour logo. If your mark is in colour, it is often advisable to file the mark as a "series", i.e. in black and white and in colour. This offers greater protection to your mark.