what does a trademark attorney do

What Does a Trademark Lawyer Do?

• Brand Protection Measures. One of the key workflows that your trademark lawyer will be able to assist you with is in the protection of your brand.
• Preparing Trademark and Licensing Applications. ...
• Trademark Enforcement. ...
• Opposing Trademarks from Rivals. ...

Full Answer

Why do I need a 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.

What happens if you take legal advice before filing a trademark?

Nov 12, 2019 · What Do Trademark Attorneys Do? 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 …

Who can represent me in a trademark application or registration?

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.

Do I need an attorney to represent myself at the USPTO?

Mar 18, 2019 · A skilled trademark attorney already has a combination of processes to examine whether or not your mark will be eligible. This step is extremely important because your application will be denied if you’re attempting to infringe upon another mark.

2. Trademark attorneys conduct proper trademark searches

The second thing a good trademark attorney can do is conduct a proper search on your trademarks before you adopt them as part of your marketing and branding strategies. This way, you don’t waste money on trademark applications that are almost certainly going to be refused and you can identify potential conflicts before it becomes a huge problem.

3. Trademark attorneys develop a proper filing strategy

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.

4. Trademark attorneys draft your trademark application

The fourth item is that trademark attorneys help draft proper trademark applications that meet the technical specifications of the United States Patent and Trademark Office (USPTO).

5. Trademark attorneys respond to Office Actions and refusals

The final way a trademark attorney adds value to your application process is by responding to office actions or refusals.

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 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.