Meeting With a Trademark Lawyer: What to Ask

If you're serious about protecting your brand, talking with a trademark attorney is one of the smartest moves you can make. But what should you actually ask during that first consultation?

Whether you’re preparing to register your first trademark or you’ve run into legal roadblocks, showing up with the right questions can help you make the most of your time—and get real clarity on your next steps.

1. Is My Trademark Strong Enough to Register?

Not all trademarks are created equal. A good attorney will assess whether your name, logo, or slogan is distinctive enough to qualify for registration—and if it could face objections.

Ask how your trademark compares to others in your space and what might improve your chances of success.

2. Has Anyone Already Registered Something Similar?

Clearance searches are essential before you file. Ask your lawyer whether they’ve conducted a comprehensive search and what risks they see.

Understanding possible conflicts early on can save you time, money, and legal headaches later.

3. Should I File Now or Wait?

Sometimes, it's better to wait until you're actively using the mark. Other times, filing early is critical to lock in your rights. A lawyer can help you weigh your options.

Ask whether you should file based on “use in commerce” or “intent to use,” and what each path involves.

4. What Class or Classes Should I File In?

Trademarks are registered by category—called international classes. Choosing the right class is key to protecting your brand where it matters.

Ask your attorney which class or classes apply to your business and whether expanding coverage is smart.

5. What Will the Process Look Like?

A good trademark lawyer should walk you through what to expect from start to finish—filing, examination, publication, possible objections, and approval.

Ask how long it will take, what fees are involved, and how they’ll communicate with you during the process.

6. What Happens If My Application Gets Rejected?

Trademark applications are often met with Office Actions from the USPTO. These aren't always deal-breakers, but they do require a formal response.

Ask how your attorney handles refusals—and how they’ll help you respond if it happens.

7. How Will You Help Me Protect My Trademark After It's Registered?

Registering a trademark is only the beginning. You also need to maintain it, monitor for infringement, and enforce your rights when necessary.

Ask if your lawyer offers post-registration services like monitoring, renewals, or enforcement support.

Final Thoughts

A great trademark attorney does more than file paperwork. They help you build long-term protection for the brand you’re working hard to create.

Bring your questions—and expect clear, strategic answers that give you confidence in your next steps.

Make your mark—Tampa’s trademark attorney protects it.