Answer
How do I find a trademark attorney?
Lawyers call this: practice before the USPTO in trademark matters · 37 C.F.R. § 11.14
Short answer
Look for trademark experience, not location. Trademark applications are filed with a federal agency, the USPTO, and any attorney in good standing with the bar of any U.S. state, the District of Columbia, or a U.S. territory may represent you there, wherever you live. A lawyer near you matters mainly if the dispute ends up in a state court.
Before you hire anyone, check bar status, how much of the lawyer’s work is trademark work, how the fee is set, and who will actually do the work.
What changes the answer
- Whether you need an application or a lawsuit
- For a filing, an office action, or a Board proceeding, the attorney’s state does not matter. For a lawsuit, the lawyer has to be admitted in the court where the case is filed.
- Where you live
- If your home or principal place of business is outside the United States, the USPTO requires you to be represented by a U.S.-licensed attorney.
- How complex the problem is
- A clean application on a distinctive name is routine work. A refusal, an opposition, or a demand letter calls for someone who does that work often.
- How you want to pay
- Many trademark lawyers charge flat fees for applications and responses and hourly rates for disputes. Ask which applies to each step.
The rule
Any individual who is an attorney, as the USPTO’s rules define that term, may represent others before the Office in trademark matters. 37 C.F.R. § 11.14(a) (2026). That means an active member in good standing of the bar of the highest court of any state, the District of Columbia, or a U.S. commonwealth or territory. 37 C.F.R. § 11.1 (2026). The attorney does not need to be a registered patent practitioner, and the USPTO does not keep a separate trademark bar.
Applicants, registrants and parties whose domicile is outside the United States must be represented by such an attorney. 37 C.F.R. § 2.11(a) (2026). The USPTO does not help applicants choose one.
Lawsuits are different. Admission to practice in a federal or state court is set by that court’s own rules.
What to do next
Most of the checking you can do yourself, before the first call.
- Bar status. State bars publish a lookup of their members. Confirm the lawyer is licensed, active, and has no public discipline.
- Trademark experience. Ask how many applications, office-action responses and Board proceedings the lawyer handled in the last year. USPTO records are public and name the attorney of record, so you can see a lawyer’s filings for yourself.
- Fee structure. Get the fee in writing for each stage: search, application, office action, and any dispute. Ask what is not included, such as USPTO fees.
- Who does the work. At some firms the lawyer you meet hands the file to someone else. Ask who drafts, who signs, and who answers your emails.
- Conflicts. The lawyer should check whether the firm represents the other side, or a competitor with a similar mark, before you share details.
Be cautious about any service that promises a registration, or says a name is “available.” No one can promise what the examining attorney will do.
If you are filing a simple application yourself, you may not need a lawyer at all. If you have a refusal, a letter, or a deadline, hire one.
Valet Law, PLLC is one firm that handles trademark applications, office actions and disputes.
Attorney review is provided by Valet Law, PLLC, a law firm separate from Trademark Valet, LLC. Keep confidential facts out of public tools. Your first message to Valet Law should identify the parties and the general issue only. Wait until Valet Law confirms it can discuss the matter before sending confidential details.
Who checked this
Reviewed and approved by Brandon Leavitt on 2026-10-02.
General information about how trademark law works. It is not legal advice about your situation, and reading it does not make anyone your lawyer.