A trademark is a great way to protect your business’s valuable assets, like your logo or slogan. Once in place, the trademark tells other businesses that the asset is off-limits and can’t be used without your express permission. If someone does use it for themselves, you can take legal action to stop them.
You can file for a trademark on your own, but working with a trademark attorney or a registration service like LegalZoom can give you peace of mind.
What LegalZoom and trademark attorneys offer
Using LegalZoom to file your trademark registration is the same as hiring a traditional attorney, with the benefit of a remote, technology-driven process. With both options, you’ll get the professional assistance you need to help ensure your application is accurate and can be processed by the United States Patent and Trademark Office (USPTO). You’ll also have an experienced attorney on your team to help to fix errors and respond to questions from the USPTO about your application.
Before you decide between the two, it’s important that you’re aware of what each offers.
Ongoing licensed attorney support
LegalZoom may be an online service, but that doesn’t mean you’re just filling out the form and getting automated emails in response. You’ll work directly with an attorney from our fully owned law firm, LZ Legal Services, who is experienced in trademark law and can make filing for a trademark more efficient, less stressful, and easier for companies of all sizes. When you use our trademark filing service, you’ll still be working with licensed and experienced trademark attorneys every step of the way. Our team provides individualized attention to every application, giving you the support you need and easy access to a trademark attorney who’s on your side.
Even better, we don’t pass the burden of high overhead costs to you. You’ll pay fewer fees and still gain access to the same quality support that you’d get with a private attorney.
A private trademark lawyer can provide many of the same services that LegalZoom offers, particularly making sure that you comply with all legal requirements established by the USPTO. However, you’ll typically pay a premium for their help. When you call the firm, you may end up working with the trademark attorney’s paralegal or legal assistant instead of the lawyer you hired.
Trademark experience and high success rates
LegalZoom has helped file more than 400,000 trademark applications, and our law firm LZ Legal Services has an 85% success rate when taking into account the free second application offered if the first one fails. This means you’re more likely to have your application approved when you work with a trademark attorney at LegalZoom than when filing on your own. If the USPTO rejects your first application, we’ll file your second application at no additional cost.
Trademark attorneys may do more than just help business owners file trademark applications. Some specialize in litigation, and others specialize in compliance or portfolio management. If you choose a trademark lawyer who doesn’t focus on filing applications and who doesn’t have extensive experience navigating the application process, you could face delays or hurdles. Each attorney’s success rate will be different, and you’ll want to ask your attorney about their experience before agreeing to work with them.
Turnaround time
The turnaround time for private trademark attorneys depends on their firm’s workload. Some may be able to see you in a few weeks and can start the process as quickly as their schedule allows. Others may have to schedule your appointment months in advance and, depending on the number of clients they’re working with, could take even longer to complete your application.
The USPTO will review your application and reach a decision, but this process will take much longer. It typically takes about 12 months from the time you submit your documents for the USPTO to review and approve your trademark application.
When you use LegalZoom’s trademark service, you’ll start the intake process immediately by entering your information into our online platform. An LZ Legal Services trademark attorney will reach out to you within 20 days of buying the service. From there, it takes an average of 50 days for your attorney to complete and file your trademark application with the USPTO.
Cost of filing a trademark application
Filing with LegalZoom will cost you $899 plus USPTO filing fees. This fee covers the trademark search and your trademark attorney’s fees. On average, dedicated trademark law practices will charge you almost $2,850 plus the USPTO filing fees. By partnering with LegalZoom, you’ll get the same individualized attention for far less.
Remember that the total cost of trademarking your business name, logo, design, or other asset can vary from law practice to law practice. If you’re looking for a predictable flat rate, LegalZoom may be a better choice.
The filing experience
LegalZoom’s trademark application is designed to be easy to use, even if you’re not familiar with trademarks. Just enter your information into the platform, and a lawyer will reach out to guide you through the next steps. The intake process only takes a few minutes.
When you work with an attorney at a trademark law firm, the intake process could take several hours. You’ll need to provide them with the asset you’re trying to trademark and wait for an initial consultation to speak with the attorney you’re hiring. The speed with which you’ll be able to schedule a consultation will depend on the attorney’s workload. Some may be able to see you in a few days, while others may take several weeks or more than a month.
LegalZoom vs. Traditional Attorney
LegalZoom vs. Traditional Attorney
Traditional Attorney
Pricing and plans
$899 + federal filing fees
Flat or hourly fees + federal filing fees (avg. $2, 849)
Services
Filing for U.S. trademarks
May include filing for U.S. trademarks, international trademarks, and trademaerk litigation
Intake time
20 days after sending information
A few weeks to a few months
Customer service
Phone, email, online chat
Varies by firm
Availability
Remote only
In-person
Platform & document management
Streamlined online portal
Varies by firm
Varies by firm
Comprehensive trademark search
Pricing and plans
You’ll need to pay the USPTO trademark filing fee for your application, regardless of how you choose to file. This will cost you $350 per class of goods or services that you’re applying for in the U.S. If you choose to file for an international trademark registration, you’ll pay $600 per class of goods or services.
LegalZoom pricing
If you choose to file through LegalZoom, you’ll pay $899 for our attorney-led trademark registration service. This is a flat fee that covers up to two trademark searches and legal fees for the attorney overseeing your application. If your trademark attorney doesn't think your mark will be successfully registered, you can get a free second search for a different mark. Once your application is filed, If the USPTO needs you to correct a small mistake or make a minor adjustment, your attorney will handle it for you.
Traditional attorney fees
Attorneys charge for their services in different ways. Some charge by the hour, meaning they charge you for every minute they spend working on your application, whether that’s updating documents or helping you interpret the USPTO’s response. Others charge flat fees but may charge more for additional services like rebranding or correcting errors. On average, working with a private attorney will cost you about $2,800.
Customer service
LegalZoom prides itself on offering industry-leading customer service. When you file for a trademark with us, you’ll have a team behind you ready to help, including:
- Our customer service line. Speak with an experienced LegalZoom team member to get answers to questions about your account, billing, and other similar concerns.
- Online chat. If you prefer online interactions, our chat service lets you get answers to your questions quickly and easily. It works on both desktop and mobile devices, so you’ll always have the help you need at your fingertips.
- The attorney you’re working with. Our experienced trademark attorneys handle every step of your application, from search to registration and post-filing guidance, helping you maximize your chances of approval with the USPTO.
When you work with a private law practice, your access to customer service is less consistent. Some larger trademark firms may offer online support through chat or a dedicated customer service line, but most will encourage you to call the firm during business hours or email your attorney or their support staff.
LegalZoom vs. independent trademark attorneys: Pros and cons
If you’re trying to protect the assets your company worked so hard to create and maintain, filing for trademark registration can help you do just that. However, before you can choose between working with LegalZoom or traditional trademark lawyers, you’ll want to consider these pros and cons.
LegalZoom pros
LegalZoom’s process is designed to make filing a trademark registration more affordable and easier to navigate. Here are some of the benefits you may see when you choose to file your trademark with LegalZoom:
- Affordable rates. You’ll pay a one-time fee of $899 plus any federal trademark filing fees, saving you up to 70% compared to traditional law firms
- Access to a free trademark search tool. LegalZoom’s free trademark search makes it easy to see if your trademark is available before you speak with an attorney.
- Professional advice from a trademark attorney. When you submit your intake information, you’ll get white-glove support from experienced trademark attorneys through our fully owned law firm, whether you’re trademarking a name, logo, or slogan.
- Streamlined customer service. With LegalZoom, you can get the help you need in the way that works for you. Choose between calling our customer service line, using our online chat, or reaching out to your LegalZoom attorney directly.
- Potentially faster intake process. Filling out your intake form takes just a few minutes, and you’ll speak with an attorney within 20 days of purchase, often sooner.
LegalZoom cons
LegalZoom’s trademark application system isn’t the perfect solution for every business owner. Here are some of the downsides you may encounter:
- No international trademark applications. LegalZoom only supports applications for trademarks in the United States. We can’t help you file for international trademarks, meaning you will need to go elsewhere to get protection overseas.
- No litigation support. Our attorneys focus on helping business owners file trademark applications. Unfortunately, we can’t help you if someone uses your trademark without your permission.
- You may still have to pay additional fees. Though we try to keep your application as affordable as possible, you may still have to pay additional fees if your trademark has a complex office action or if you need to perform additional trademark searches.
- No in-person interaction. LegalZoom is an online business, and that means our attorneys aren’t able to meet with you face-to-face.
Trademark attorney pros
Here are some potential benefits of working with a trademark attorney at a law practice in your area.
- International trademark applications. Many firms are able to help businesses file international trademark applications. If you’re looking for trademark protection in foreign countries, they may be able to help.
- Litigation support. Many traditional trademark attorneys can also represent you if another business owner or corporation uses your trademark without your permission. They can help you draft cease and desist letters and enforce your trademark in court if needed.
- In-person appointments. Many firms let clients visit their office to meet with their trademark attorney. This can make it easier to go over legal documents and make sure your application is set up for success before you begin filing for registration.
Trademark attorney cons
These are some of the potential downsides of working with a trademark attorney.
- High fees. Attorneys may charge thousands of dollars on top of the filing fees you’ll pay the USPTO, with the average cost coming to nearly $2,850 per trademark filing.
- Longer intake periods. Attorneys may take longer to review your documents and schedule your initial consultation. This could make your application take longer overall.
- May charge additional fees. If your situation is complex, your attorney may charge additional fees to account for the work they spend on your application. These fees can add up over time. For example, say you create dozens of assets you want to trademark. Your attorney will have to review each one, checking all documentation for errors. This takes time, and could increase what you pay.
Let LegalZoom help you with your trademark
If you’re thinking of trademarking your business assets, LegalZoom can help with our premium trademark registration. You’ll gain access to:
- Federal and common law trademark searches to check for availability
- Attorney preparation and filing of your application with the USPTO
- Trademark classes selected by your attorney for better accuracy
- Free second trademark search if there’s an issue with your first option
- Waived fees for a second registration if the USPTO rejects your first
- Attorney review of post-filing alerts
- Response for minor procedural office actions
When you sign up for LegalZoom’s trademark service, you’ll have an attorney you can trust reviewing your documentation and overseeing every step so you can reduce your risk of the USPTO denying your application and begin keeping your assets safe now and into the future.
Trademark filing FAQs
What are the main differences between LegalZoom and a traditional trademark attorney?
LegalZoom is an online trademark registration service that partners you with an experienced trademark attorney through an in-house trademark law practice. Traditional trademark attorneys work for themselves or other independent firms and often charge higher rates for their services.
Which trademark option is more affordable?
Filing for a trademark with LegalZoom will cost you $899 plus any USPTO filing fees. Filing with a traditional trademark attorney costs business owners an average of nearly $2,850. Prices can vary from law firm to law firm, with some charging far more.
Which service is more suitable for small or family-owned businesses?
Both services help small businesses and family-owned businesses file their trademark registration applications and guide business owners through the process. However, LegalZoom’s service costs less than many traditional trademark lawyers and still gives you the quality individual attention you deserve. If you want to save money on your trademark registration, LegalZoom may be a better choice.
Which provider offers real attorney advice?
LegalZoom works with in-house trademark attorneys, so you’ll have access to the real attorney advice you need to navigate the application process with confidence. Both LegalZoom and private practice trademark firms can help review your documents and make sure the assets you create are eligible for trademark in the first place.