Do You Need A Trademark Attorney?


For some, trademark registration appears to be a straightforward process. In fact, there are numerous online forums that can be accessed and companies that discuss about the United States Patent and Trademark Office (USPTO) requirements and basic facts. So, if you are a businessman and you want legal protection under the trademark law, you must be wondering if you truly need a trademark attorney to file the registration on your behalf.

Basically, a licensed trademark attorney doesn't come as one legal requirement when applying for trademark protection. But then again, you must look into considering hiring a licensed trademark attorney since your every step needs a thorough thinking and very important decision to make. Of course, filling out the application form may appear easy at first but filling it out correctly may become your burden. When you commit some errors in the application form, that means diminishing your trademark rights.

Who is a trademark lawyer and what can he do for you? Read on to find out.

Registering a trademark takes more than the completion of the application form, so to speak. It calls for an extensive knowledge and awareness of what the trademark law and the procedure cover. Hence, it is best to have a trademark lawyer work for you. In general, the trademark lawyer can always advice you on several aspects regarding your trademark filing and a couple of trademark services.

The trademark attorney must be consulted when selecting the trademark slogan or the product name trademark. The lawyer must then assist you in securing the trademark search report and counsel you on the outcome of the results whether it is safe or not to proceed with the said proposed mark. The lawyer is basically your legal counsel should you have questions on how to get the mark, the cost of the registration, and the process on how to trademark the logo or slogan.

More so, the attorney will help you draft your application. He must put careful thought on the product description because it will largely affect the procedures on how you will be able to register the trademark.

Also, the attorney will assist you in ensuring that you have completed the trademark application. He must review the drawing page as well as the entire specimen to be sure that they all satisfy the USPTO requirements. The specimen will generally differ depending if your mark is a product name trademark, trademark slogan, or trademark logo.

The lawyer must also coordinate with the USPTO to be able to answer for the objections that the office may have against your trademark application.

Additionally, a qualified lawyer will advise you on how you must handle particular circumstances such as that of receiving a cease and desist letter. It is written whenever a party actually believes that their own trademark is being violated.

So, that only points out how essential it is to hire a trademark attorney. This qualified individual will be the one to educate and guide you all throughout your application—from learning about the trademark cost, online trademark search, trademark searching, and providing answers on the common trademark FAQs.

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