what is a trademark attorney

In general, a trademark attorney is qualified to advise on trademark law matters. For the purpose of this article, when we talk about trademark law, we refer to general laws around brand protection. A trademark attorney will operate within the boundaries of trademark law and for this reason, their skill set can be very specialised.

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How to find a good trademark attorney?

A trademark attorney is your go-to for everything related to trademarks. Whether you need help with a comprehensive search, an application process, legal advice, trademark filing, or taking action against someone infringing on your brand and copyright rights—a good lawyer will be there every step of the way!

How to become a trademark attorney?

A trademark attorney specializes in the proactive protection and legal defense of this intellectual property. As a trademark attorney, your responsibilities include visiting clients at home or in their office, gathering information on their case, organizing and producing required documents, and filing required paperwork for patents or trademarks, when appropriate.

How to choose a trademark attorney?

A trademark attorney is an attorney who specializes in trademark law and matters related to trademark registration. The services provided by a trademark attorney include filing for trademark registration with the United States Patent and Trademark Office, performing searches of the Patent and Trademark Office database of existing trademarks, pursuing cases of trademark …

Do you really need 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.

What does a trademark do?

What does a trademark protect? A trademark, on the other hand, is a form of intellectual property protection that covers words, phrases, symbols, or designs that distinguish a particular brand (or source of goods) in comparison to others. Therefore, a trademark protects items such as: Brand names.

What is a trademark in legal terms?

Definition. A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.

How long does a trademark last?

In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.Mar 21, 2019

What are the three requirements for trademarks?

What Are Trademark Requirements?Provide your name and address as owner of the trademark.State the entity type (individual or corporation) and your national citizenship.Demonstrate actual use or a real intent to use the trademark in commerce.Give a detailed description of the product being trademarked.More items...•Jul 8, 2020

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.

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.

Trademark Attorney

From time to time, there can be confusion around what a trademark attorney does and why a trademark attorney is different to a solicitor.

What is the difference between a trademark attorney and a solicitor?

From time to time, there can be confusion around what a trademark attorney does and why a trademark attorney is different to a solicitor.

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.

Non-Traditional Trademarks

Trademarks can also consist of color (the pink color of Owens Corning insulation), sound (the NBC chimes), product configuration, product packaging design, and even the overall “look and feel” of a restaurant or other establishment where services are provided.

We Need Trademarks

Product manufacturers and service providers use trademarks to distinguish their products and services from those offered by their competitors.

Trademarks Provide Assurances

Finally, trademarks offer us an assurance of product quality and consistency. When you order a BIG MAC from McDonald’s, you expect it to look and taste the same every single time.

What are the benefits of hiring an attorney?

Benefits of hiring an attorney include: Providing you crucial legal advice about your trademark. Conducting your trademark clearance search before you file an application. Preparing your application accurately. Responding to legal correspondence from the USPTO. Enforcing and maintaining your trademark rights.

Does hiring an attorney save you money?

However, in the long run, hiring an attorney may save you money because an attorney will know how to best advise you on your trademark’s registrability, prepare your application, and respond to the USPTO on various issues that might arise throughout the process.

What are trademarks?

What Is a Trademark? 1 Patents usually protect inventions, such as machinery, pharmaceuticals, products, and more. 2 Copyrights protect original creative works such as novels, artwork, and songs. 3 Trademarks protect the brands used to identify your business, such as your business name, logo, or tagline. A lawyer can help you identify your business's trademarks.

What is the difference between a patent and a trademark?

Copyrights protect original creative works such as novels, artwork, and songs. Trademarks protect the brands used to identify your business, such as your business name, logo, or tagline. A lawyer can help you identify your business's trademarks.

How long is a trademark good for?

Once your trademark is registered, it's good for 10 years and can be renewed for additional 10-year periods. To keep your trademark in good standing, you must file maintenance documents between the fifth and sixth year after registration, between the ninth and tenth year after registration, and every 10 years after that.

What is the USPTO?

By registering your trademark with the U.S. Patent and Trademark Office (USPTO), you get nationwide rights to your trademark, along with other benefits. A lawyer can more fully explain the pros and cons of your particular business.