If you’re thinking of starting a business, launching a product, or creating a brand, you might be wondering if you need a trademark attorney. After all, trademarks are just names, logos, slogans, or symbols that identify your goods or services, right? How hard can it be to register and protect them?
Well, the truth is, trademarks are not as simple as they seem. They are valuable intellectual property assets that can make or break your business success. They can also be the source of legal disputes, confusion, and infringement if not handled properly.
That’s why hiring a trademark attorney is not only a smart move, but a necessary one. A trademark attorney is a legal professional who specializes in trademark law and can help you with every aspect of your trademark journey. Here are some of the benefits of having a trademark attorney by your side.
A trademark attorney can
Provide you crucial legal advice about your trademark. They can help you choose a trademark that is unique, distinctive, and does not infringe on the rights of other businesses. They can also advise you on the best way to use and display your trademark to avoid confusion and dilution.
Conduct your trademark clearance search before you file an application. This is a crucial step to make sure that your desired trademark is available and does not conflict with any existing trademarks. A trademark attorney can use various databases and sources to conduct a thorough and comprehensive search and analyze the results for potential risks and issues.
Prepare your application accurately. Filing a trademark application with the United States Patent and Trademark Office (USPTO) is not as easy as it sounds. There are many requirements, fees, deadlines, and procedures that you need to follow. A trademark attorney can help you fill out the application correctly, provide the necessary evidence and specimens, select the appropriate classes and descriptions of goods or services, and respond to any queries or objections from the USPTO.
Respond to legal correspondence from the USPTO. During the examination process, the USPTO may issue an office action, which is a letter that raises questions or problems with your application. You have six months to respond to an office action, otherwise your application will be abandoned. A trademark attorney can help you understand the issues raised by the USPTO, draft a persuasive response, and submit it on time.
Enforce and maintain your trademark rights. Once your trademark is registered, you have the exclusive right to use it in connection with your goods or services. However, you also have the responsibility to protect it from unauthorized use by others. A trademark attorney can help you monitor the market for any potential infringers, send cease and desist letters, negotiate settlements, or initiate litigation if necessary. A trademark attorney can also help you renew your registration every 10 years and file any required maintenance documents with the USPTO.
Represent you at the USPTO’s Trademark Trial and Appeal Board (TTAB). The TTAB is an administrative tribunal that hears and decides cases involving trademark registration disputes. For example, if someone opposes your application or seeks to cancel your registration, you will have to defend your rights before the TTAB. A trademark attorney can help you prepare and file your pleadings, evidence, motions, briefs, and oral arguments before the TTAB.
Shield you from fraudulent solicitations. Unfortunately, there are many unscrupulous individuals and companies that prey on unsuspecting trademark owners by sending them misleading or fraudulent offers or invoices for various services related to their trademarks. These services are often unnecessary, overpriced, or ineffective. A trademark attorney can help you identify and avoid these scams and report them to the authorities.
As you can see, hiring a trademark attorney is not only beneficial but essential for anyone who wants to register and protect their trademarks in the United States. A trademark attorney can save you time, money, hassle, and headache in the long run by ensuring that your trademarks are legally sound and secure.
If you’re looking for a reliable and experienced trademark attorney to assist you with your trademark needs, look no further than The Trademark Place. We are a full-service law firm that specializes in trademark law and we have worked with and advised thousands of clients on their trademark concerns. Contact us today for a free consultation and let us handle your trademarks with care.