In choosing a trademark lawyer to handle your trademark infringement, trademark opposition or trademark cancellation matter, you should first satisfy yourself that they the particular trademark attorney or trademark law firm has the experience to handle your case.  Certain factors that will help guide your decision may include:

  • years of experience
  • types of clients
  • Trademark Trial and Appeal Board litigation experience
  • District Court litigation experience (if applicable)
  • Settlement and Dispute Resolution experience

Once you determine that a trademark attorney is a good candidate to represent you, the question that follows is equally important: how much do they charge for your services?  To negotiate the best rates, always ask the following questions:

  • do you charge flat-fees for your trademark legal services?
  • if you do not charge a flat-fee, will you place a dollar-cap on your fees?
  • If you charge by the hour, how does your hourly rate compare to other attorneys in the area?

Before you retain a trademark lawyer to handle your case, feel free to contact me at (203) 244-4264 or email me at jhastings@merchantscounsel.com to discuss any questions that you may have about the process.

 

 

 

Tags: "trademark cancellation", "trademark infringement", "trademark lawyer", "trademark opposition"
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James Hastings is an attorney with the U.S. Trademark Trial and Appeal Board Practice Group of Practus, LLP.  He is a certified mediator of the INTA Panel of Mediators, an international roster of select professionals with expertise in trademark dispute resolution.

James is…

James Hastings is an attorney with the U.S. Trademark Trial and Appeal Board Practice Group of Practus, LLP.  He is a certified mediator of the INTA Panel of Mediators, an international roster of select professionals with expertise in trademark dispute resolution.

James is the publisher of Trademark Opposition Lawyer, an online advisory dedicated to helping brand owners understand important issues that arise in proceedings before the U.S. Trademark Trial and Appeal Board.  His commentary has been featured on Corporate Counsel, Law.com, LegalZoom,and other digital publications.

He devotes his practice to trademark opposition and trademark cancellation proceedings before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office.  Over the course of his career, he has represented the interests of numerous national and international brand owners in trademark litigation matters in both the U.S. District Courts and before the U.S. Patent and Trademark Office.

Prior to his current affiliation with Practus, LLP, James was in-house counsel to a New England-based catalog retailer, where he was responsible for developing trademark portfolio acquisition, protection, and licensing strategies.  Earlier in his career, he was a partner and associate at intellectual property law firms in New York, where he was engaged in trademark portfolio and intellectual property protection work on behalf of well-known fashion and personal care brands.

James is a member of the New York and Connecticut bars.  He has lectured at University MBA programs and legal education conferences on the issues of trademark protection and e-commerce law.

Past and Present Membership

  • International Trademark Association
  • Association Corporate Counsel

  • National E-tailing and Mail Order Organization of America

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