Who is a trademark attorney

If you are locked into a name before even hiring a trademark attorney, you are taking many of the tools the attorney has available to assist you out of his or her hands. You should hire a trademark attorney because a skilled and experienced attorney will give you a significantly better chance of securing a trademark registration than if you file a trademark on your own.

The reason for this is that a trademark application is a highly complex legal proceeding even though many online companies and articles make it sound easy. The data here is overwhelming and clear, trademark attorneys give business owners a much higher probability of success in obtaining and securing trademark rights then if the attorney is not used.

The first step to registering a trademark is completing a comprehensive trademark search. This search is meant to determine whether a confusingly similar trademark exists before you begin your application.

While there are do-it-yourself legal websites offering these searches at an extremely low rate, the decision to go DIY could end up costing more in the long run. Legal websites and search engines typically only reveal exact matches to your trademark. Unfortunately, trademark disputes arise not from exact matches, but from trademarks that might cause a likelihood of confusion in the marketplace.

On the contrary, experienced trademark attorneys have the ability to perform a much more comprehensive search. Instead of simply detecting exact wording matches, trademark attorneys will complete a thorough search of your trademark, whether it be a business name, slogan, or even a logo, and determine if any existing registered marks may be deemed confusingly similar by an examiner at the USPTO.

If your attorney is alerted to a possible match, you can work together to create a path forward to possible registration. Gerben Law Firm has registered over 4, trademarks since opening our doors in You must choose a class of goods or services to protect your trademark, and you must identify the goods and services you want to protect.

The classification system can be confusing, and getting it wrong can cause your application to be denied. About the Author Jane Haskins, Esq.

Related Topics. Facebook Twitter. This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of the author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law.

You may also like. Trademarks 8 Questions to Ask a Trademark Attorney Come prepared with some basic questions to ask your trademark attorney. Trademarks How to Trademark a Name The trademark application process can be complicated, so you need to know what the United States Patent and Trademark Office is looking for when you apply.

Trademarks Applying and Filing for a Trademark Filing for a trademark can protect your brand. Trademarks Registering a Trademark Getting trademark protection for your business name, logo or slogans is an important way to protect your work.

Trademarks How to Do a Trademark Search Before you decide to trademark the name of your business or settle on a logo, make sure no one else is using them. Trademarks How to Trademark a Logo Trademarking your company's logo is an essential step to protect your rights.

Starting a Business How to Pay Yourself in an LLC As a business owner, you have many options for paying yourself, but each comes with tax implications. There are various bases to select. Trademark Application , for more information on this topic. Choosing the incorrect filing basis may leave your trademark application open to attack from a potential competitor.

Another reason to use trademark counsel to file and prosecute your application is because identifying the goods and services is of particular significance. The USPTO may issue a refusal on the grounds of likelihood of confusion if the goods and services are too broadly described or this could prompt an opposition from another trademark owner.

However, if the applicant too narrowly defines the goods and services, they may fail to take advantage of broader legal rights. These types of mistakes may cost the applicant more time and money to prosecute the application. There are other reasons to engage trademark counsel when registering a trademark. An attorney can defend you at the Trademark Trial and Appeal Board if your mark is challenged.

Moreover, a trademark owner has the legal obligation to police and protect the mark from infringement. An attorney can counsel you on the scope of your legal rights, and advise you on the best ways to enforce your trademark rights. Such services may be legitimate if provided under the supervision of a licensed U.

But many of these companies are not affiliated with licensed U. Some offer services of dubious value, such as for example, offering to record trademarks in a private registry. For other assistance, please see our contact us page. Hiring a U. On this page Am I required to hire a U.

What can an attorney do for me? Why must my attorney be licensed to practice law in the United States? How do I find a U. How do I know if the attorney or filing firm I hired is legitimate?