AI search for intellectual property lawyers

The questions intellectual property clients ask

• Can I trademark my business name?
• Do I need a lawyer to file a trademark application?
• What is the difference between a patent attorney and a patent agent?
• Should I register a trademark federally or in my state?
• Is my idea patentable, and what does filing involve?
• What should I do if someone is using my brand name?

We cover the trademark side in more depth in what founders ask AI about trademarks.

Federal practice, state options

"Do I need a lawyer?" has a federal answer that depends on where the applicant lives. Under 37 CFR 2.11(a), a trademark applicant, registrant, or party to a proceeding whose domicile is not in the United States or its territories must be represented by an attorney qualified under 37 CFR 11.14. The USPTO's page on hiring a trademark attorney says U.S.-domiciled applicants are not required to hire one, though it strongly encourages it. Under 37 CFR 11.14(a), any attorney as defined in 11.1 may represent others in trademark matters, and registration as a patent practitioner does not by itself authorize trademark practice; 11.14(b) says individuals who are not attorneys are not recognized in trademark matters, apart from a narrow pre-1957 exception.

States add an option of their own. In North Carolina, G.S. 80-3(a) lets a person who uses a mark apply to register it with the Secretary of State. A page that explains when a state registration helps and when a federal application fits gives an assistant a fuller answer than one that mentions only the USPTO. The North Carolina guide covers that state's lawyer advertising rules.

Pages we build for intellectual property firms

• Trademark process pages from clearance to registration, with USPTO terms used correctly
• Patent explainers that describe what an application involves without promising outcomes
• "Who can help you" pages that explain patent attorneys, patent agents, and trademark counsel
• Enforcement pages for infringement and cease-and-desist questions
• State registration pages where your state offers one and it fits the client

Each page opens with a direct answer and follows the structure in AEO for law firms. Many founders also need entity and contract work, so link your business law pages where your firm handles both.

Advertising care points

The USPTO has its own advertising rules for practitioners. Under 37 CFR 11.704(b), a registered practitioner who is an attorney may use designations such as "Patent Attorney," a registered patent agent may use "Patent Agent" or "Registered Patent Agent," and a patent agent shall not hold themself out as qualified to practice before the Office in trademark matters or before a court, unless authorized under 11.14(b). Under 11.704(d), a practitioner may not state or imply certification as a specialist unless certified by an approved or ABA-accredited organization that is clearly named. Section 11.702(d) requires communications to include the name and contact information of at least one practitioner or law firm responsible for the content.

Check team bios and page titles against those rules, since an assistant may quote a title from one page as a description of the firm. State bar rules apply on top, and our answer on whether a lawyer can call themselves a specialist online covers the general picture.

Keep reading