The Benefits of Hiring a Trademark Lawyer
Did you know that the USPTO itself recommends you hire a trademark lawyer?
When it comes to business, there are many uses for trademarks. You may trademark everything from your own name to the name of your business. This is when a trademark attorney comes in. They will assist you in securing your trademark and preventing others from using it without your permission.
Perhaps you have been debating whether or not you need the services of a trademark attorney. Keep on reading to learn everything you need to know about retaining legal representation for a trademark.
What Is a Trademark?
Trademark is a legal word with a precise meaning. An effective trademark is a term, phrase, symbol, or design. One that identifies the source of products produced by one party as distinct from the source of goods produced by another party.
Trademarks and other types of identifiers, such as service marks, are sometimes included under the umbrella word "trademark."
The United States Patent and Trademark Office (USPTO) offers several benefits to trademark holders. Specifically, people whose marks are registered on a federal level. One is the public reassurance of ownership of the individual mark. The second is the worldwide legal recognition of ownership.
A trademark registration indicates that the owner has the exclusive right to use the mark. It's in connection with the products and services indicated in the registration.
On the other hand, federal registration may not be superior to common law rights that develop through the actual use of a mark.
What if a trademark or service mark is not officially registered with the United States Patent and Trademark Office (USPTO)? The use of the "TM" or "SM" symbol next to the mark may serve as notice to the public. It says that the owner claims trademark or service mark rights to the mark under common law.
John Doe doing business as XYZ Company is a valid proprietary notification for using a trade name. Trademarks serve to differentiate one seller's wares from those of other sellers. In addition, if you're dealing with intellectual property, then you'll want an intellectual property lawyer on your side.
Now, it's time to explore the numerous benefits of getting a trademark lawyer.
Advice and Due Diligence
Trademark applicants should consult with trademark attorneys throughout the trademark prosecution process for a number of reasons. In fact, it is wise to begin working with trademark counsel before submitting the application. It'll ensure a trademark clearance check is performed as part of the required due diligence.
Having legal representation from the start is essential when registering a trademark. Consult a trademark attorney for help in deciding whether to use and register the mark. and for any other questions you may have.
Trademark Lawyer Can Assist with Registration
The vast majority of people who apply for trademarks in the United States don't realize that they need to look into "common law." The same applies to state and federal registration databases.
Those trademarks have not been filed with the federal or state governments. Due to a lack of both obligation and resources, USPTO Examining Attorneys will not conduct searches for common law trademarks.
Therefore, it is vital to have a trademark attorney help you in completing a clearance check in advance of your trademark application. Specifically, in both common law and in state and federal databases.
If the common law is not examined before use and registration, a trademark applicant may infringe on another party's common law rights. It's an easy way to be sued for damages. Clearance is a legal matter, and only a lawyer can provide you with advice on the matter.
Lessen the Likelihood of Rejection
The United States Patent and Trademark Office might reject a trademark application for a variety of reasons.
The most apparent explanation is that another trademark already exists. Or, it's in the process of being applied for or is registered that is confusingly similar to your proposed trademark.
This is just one of the many reasons why you should see an attorney if you're concerned that your trademark application could be denied.
After learning about the client's company and branding goals, an attorney will be better equipped to recommend the best sort of application to submit. Last but not least, it's essential to choose the correct filing basis. Which is just as crucial as identifying the right owner.
One may choose from a number of different foundations. If you use the wrong filing basis, a rival may be able to challenge your trademark application.
Help with Defining Products and Services
There are strategic and legal considerations that may lead an applicant to choose between a wide and a limited description of the products and/or services being applied for.
If the products and services are too widely specified, the USPTO might issue a denial on the basis of the possibility of confusion. Or, another trademark owner could file an opposition.
However, the applicant risks missing out on more expansive legal protections if they describe the products and services too narrowly. It may require more effort to pursue the application if the applicant makes a mistake like this.
Defense at the Trademark Trial and Appeal Board Defense
Involving trademark counsel throughout the registration process is recommended for additional reasons as well.
If your trademark is disputed, your attorney may represent you before the Trademark Trial and Appeal Board. In addition, a trademark owner is obligated by law to monitor for and prevent trademark infringement. If you want to know your legal options and how to effectively assert your trademark rights, you should consult with an attorney.
As a last step, a lawyer may help you file the required post-registration documentation with the USPTO when the time comes.
Registering Trademark: The Simple Way
Dealing with the intricacies of running a business can be overwhelming. Therefore, having the right business attorney on hand can take your mind off any legal issues that might pop up. We hope that our guide has shown you all the benefits of having the right trademark lawyer on your side.
And, if you're still not quite sure about other business legalities, no worries. Head straight to our legal section to read all about the different laws and regulations that help you run a tight ship.