trademark attorney what do

by Shania Marvin 3 min read

A trademark attorney can help you perform a trademark search and application with the US Patent and Trademark Office

United States Patent and Trademark Office

The United States Patent and Trademark Office is an agency in the U.S. Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification.

(USPTO

United States Patent and Trademark Office

The United States Patent and Trademark Office is an agency in the U.S. Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification.

). When it comes to the legality of trademarks, an experienced trademark lawyer is capable of performing a thorough investigation on your behalf.

The responsibilities of a trademark attorney include advising on the adoption and selection of new trademarks; filing and prosecuting applications to register trademarks; advising on the use and registration of trademarks; handling trademark oppositions, revocations, invalidations and assignments; carry out searches; ...

Full Answer

How to find a good trademark attorney?

Trademark attorneys are there to provide legal services and help you through the trademark application process. They can also represent you in court when it comes to dealing with potential infringers, and even help protect your trademark rights against unauthorized people who may have otherwise taken advantage of borrowing an idea without permission.

How to become a trademark attorney?

Nov 12, 2019 · Trademark attorneys typically do five things: Identify your company’s trademarks. Conduct proper trademark searches. Develop a legal filing strategy for your company’s trademarks. Draft trademark applications. Respond to USPTO Office Actions.

How to choose a trademark attorney?

Apr 03, 2015 · Trademark lawyers in the American legal system are trained and certified for the purpose of allowing hopeful trademark applicants to navigate the procedures allowed for this procedure and later, if called upon to do so, to help them answer or mount any legal challenges for the protection of trademark rights as may be required. In this regard, the government …

Do you really need a trademark attorney?

A trademark attorney is a lawyer with specialized knowledge and skills in trademarks, which are protected words, symbols, or phrases used a company to differentiate its products from those of a competitor. While a trademark attorney can assist with a wide range of issues, filing a trademark application is one of the most common.

What can a good attorney do for a trademark?

The third thing a good attorney can do is help you with a filing strategy for your trademarks. For example, many clients want to register their name, logo, and slogan in on neat package, but this is often not the best strategy.

Who is Josh Gerben?

Josh Gerben, Esq. is the founder and principal of Gerben Law Firm. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 5,500 trademarks. The contents of this blog are for informational purposes only and may not be relied on as legal advice.

What can an attorney do for a trademark?

Attorneys can provide crucial legal advice. An attorney who is licensed to practice law in the U.S. and experienced in trademark law can advise you about many important legal issues. These include: Determining if your chosen trademark can be legally protected.

What can an attorney do after trademark registration?

After registration, an attorney can also help ensure that all required registration maintenance documents are timely and accurately filed, so you can maintain your registration for as long as you use your trademark . Attorneys can represent you at the USPTO's Trademark Trial and Appeal Board.

Why do trademarks need to be followed?

trademark law and USPTO regulations must be followed because they govern the trademark registration process before the USPTO, proceedings before the Trademark Trial and Appeal Board, and the conduct of attorneys who practice before the USPTO. We take the unauthorized practice of trademark law very seriously.

What are legal services?

Many private companies offer legal services, such as assistance with filings or responding to an office action, or other services. Such services may be legitimate if provided under the supervision of a licensed U.S. attorney.

Can an attorney help you enforce your trademark?

Other sources for common law rights unregistered trademarks. This search occurs before filing your application. Attorneys can help you enforce and maintain your trademark rights. It's your legal responsibility to monitor and protect your trademark from infringement by other parties.

Qualification & Application

The first step in establishing your trademark is to make sure your brand qualifies for protection and doesn’t already violate a pre-existing mark. A skilled trademark attorney already has a combination of processes to examine whether or not your mark will be eligible.

Prosecuting The Mark

Once the application is sent to the USPTO, there may be further assistance needed in order to process your application. For example, outdated information may need editing, or further documentation may be requested to complete the process.

Ongoing Support

As any brand grows larger, naturally, more copycats and potential thieves will begin to illegally infringe upon the trademarks of your business. When working with the trademark lawyer near me whom I’ve built a relationship with, we have an understanding that they will monitor the trademark thereafter.

What are the responsibilities of a trademark attorney?

Responsibilities of a trademark attorney include filing any appropriate paperwork with the court, facilitating the discovery process, and interviewing or deposing witnesses. A competent trademark attorney can take clients from the application process to fighting trademark infringement.

What does a copyright attorney do?

With regard to copyright law, an attorney may help ensure that his or her client is given exclusive rights to a specific work, such as a book or song. An attorney working on a patent case generally assists his or her client in securing exclusive rights to an invention.

What does an attorney do in court?

In this role, the attorney must evaluate evidence and develop a theory of his or her client’s case. Other responsibilities include preparing and filing any appropriate paperwork with the court , facilitating the discovery process, and interviewing or deposing witnesses. If the case goes to trial, the attorney represents his or her client in court.

What is a service mark?

A service mark is a designation used to identify a type of service, rather than a specific product. A competent trademark attorney can take clients from the application process to fighting trademark infringement. A trademark attorney helps ensure that an ...

What is Charity Delich's job?

Responsibilities of a trademark attorney include filing any appropriate paperwork with the court, facilitating the discovery process, and interviewing or deposing witnesses.

What Do Trademark Attorneys Do?

When a company uses a name, logo, or slogan in commercial activity, they acquire a common law trademark. To receive a higher level of protection, they can register that trademark. A trademark attorney specializes in the proactive protection and legal defense of this intellectual property.

How to Become a Trademark Attorney

To become a trademark attorney, you need a Master of Laws degree. That means you must first complete a Juris Doctor program from a school approved by the American Bar Association, then apply to an LL.M. program that focuses on trademark law.