Counsel selection

How to Choose a Trademark or Patent Lawyer

Choose for the specific task, not for a broad label. Verify credentials first, then compare evidence, scope, staffing, and communication on the same assumptions.

Start with the legal task

Trademark prosecution

Look for clearance, goods and services, filing basis, specimens, office-action, and maintenance experience.

Patent prosecution

Confirm USPTO registration and ask about the technology, drafting, claims, examiner interviews, and continuation strategy.

Disputes and litigation

Ask who handles pleadings, evidence, discovery, negotiation, hearings, and trial—and in which forum.

Transactions and ownership

Focus on chain of title, assignments, licenses, diligence, representations, and recordation.

Compare candidates on one sheet

QuestionEvidence to requestWarning sign
Are credentials current?Official license or registration recordUnclear identity or unverifiable status
Who does the work?Named team and responsibility splitSales contact cannot explain staffing
What does the fee cover?Written scope, assumptions, stages, and exclusionsQuote cannot be compared or omits later stages
How is risk explained?Alternatives, uncertainties, dependencies, and deadlinesGuaranteed result or pressure to act without facts

Interview questions

  • What would make you recommend a different strategy?
  • What facts are still missing, and which are time-sensitive?
  • Which parts are handled by partners, associates, agents, or vendors?
  • How will changes in scope be approved?
  • What work might be needed after this phase?