You probably come across commercials, billboards, and advertisements for law firms and legal services every day. These advertisements typically end by saying something like “the choice of an attorney is an important one and should not be based solely on advertisements.” That is very true. One of the first questions you might have when hiring an attorney is where your attorney should be located. If you came across my website, you may be asking yourself “do I need to hire a trademark attorney near me?” In this post, I will discuss whether your attorney’s location really matters when you need assistance with your trademarks.
Do I Need a Trademark Attorney Near Me?
There are many areas of law where you obviously want to work with someone that is local to you. For example, if you are working with a family law attorney on a sensitive divorce or child custody issue, you will probably want to work with an attorney nearby. You will likely have closed-door consultations in person due to the personal nature of these matters. Similarly, if you need an attorney for criminal defense you will want to work with someone that can easily appear in court and that may have a working relationship with the prosecutors and judge involved.
For the most part, the practice of trademark law does not require personal appearances in court and does not benefit significantly from in-person consultations. While states have their own trademark laws, trademark law is primarily governed by the Lanham Act (AKA the Trademark Act), a federal statute. This law is the same regardless of where you reside in the United States, of course. The Lanham Act establishes the system of federal trademark registration with the U.S. Patent & Trademark Office (USPTO). Since this is governed under federal law, you can work with any attorney licensed in the United States to file your trademark application and obtain a federal trademark registration.
When Should I Look for Someone Local?
There are some situations, though relatively uncommon, where you may need to hire a trademark attorney near you. For example, if you have a trademark dispute involving state trademark law, you would need an attorney licensed and qualified to practice law in that state. In addition, if you need to file or defend against a federal trademark infringement lawsuit, you would typically want to hire an attorney licensed to practice in the relevant jurisdiction, although there are cases when an attorney from another jurisdiction can be temporarily admitted to practice in a jurisdiction where he or she is not licensed.
What Does This Mean for Me?
The fact that most trademark matters can be handled by licensed U.S. attorneys regardless of location is helpful to potential applicants. This means that you can open your search up and have more options to find the right attorney for you. For example, if you live in a small town, you may not even have a trademark attorney working in your area. Instead, you can search online to find someone that has experience and is qualified to help you with your trademark application. On the other hand, if you are located in New York City you have a lot of local options for hiring a trademark attorney, but these options may be too expensive for your budget. You might decide to look for someone working in a city where the fees are more reasonable.
Having more attorneys available to work with can only benefit you. It also makes it more likely that you will be able to find an attorney that works well with your personality, your needs, and your budget.
My Location and Background
You may have noticed in my About Me section that I am located in Phoenix, Arizona. Although I moved from St. Louis to Phoenix, the clients I work with are not located exclusively in Missouri or Arizona. And that’s okay! I also work with many international businesses located outside of the United States.
In my practice, I help clients by conducting federal trademark searches, filing trademark applications with the USPTO, or assisting with the trademark registration process. I also assist with trademark oppositions and cancellation proceedings in front of the Trademark Trial and Appeal Board. As previously discussed, having the ability to hire a trademark attorney without being limited to a particular location has several advantages. Expand your search beyond just a “trademark attorney near me.”
Are You Looking For An Attorney To Assist With Your U.S. Trademark Matter?
If your search for a “trademark attorney near me” hasn’t yielded any promising options, you might want to expand your search for an attorney. If you have any questions, please feel free to call me at (480) 360-3499, email me at kevin@yourtrademarkattorney.com, or complete the contact form found on this page to schedule your free initial consultation today. I look forward to speaking with you.