what to ask a trademark attorney

While preparation and filing of trademark applications is a major part of the practice of trademark law, there are other aspects that you may want to ask your prospective attorney, as well. You should ask if they have represented clients in connection with trademark oppositions and cancellations at the Trademark Trial & Appeal Board.

Full Answer

What is a trademark lawyer?

Sep 27, 2021 · An attorney can explain what information you need for your application and what to expect. How Long Does it Take to Register a Trademark? Ask the attorney how long it takes to search trademarks, and then prepare and file your application. From there, the timing is in the hands of the USPTO.

What is a trademark agent?

Nov 05, 2021 · While preparation and filing of trademark applications is a major part of the practice of trademark law, there are other aspects that you may want to ask your prospective attorney, as well. You should ask if they have represented clients in connection with trademark oppositions and cancellations at the Trademark Trial & Appeal Board. While these …

What is patent trademark?

Even the trademark, patent and copyright are considered to be group rather than separately but they protect different thing as intellectual property. Trademark registration protects the brands and used to identify your business logo, name or tagline. A lawyer or trademark consultant can help you to identifying your business trademark.

What is a trademark registration?

Apr 27, 2021 · If the trademark accidentally infringes another trademark or is too generic or borderline insulting/derogatory, your lawyer may explain the …

When should I hire a trademark attorney?

When Should You Hire a Trademark Attorney? A trademark attorney should be hired when you have an idea for the name of your company. This is because a trademark attorney should conduct a search on your name and provide an opinion to you on whether or not the name is safe to use.

How do you ask someone to use a trademark?

To get permission and avoid trademark infringement, write a letter to the trademark owner. Include a description of why you are asking and how the logo will be used. Third parties should never use someone else's logo without a licensed agreement, including program and corporate logos.

What does a trade mark attorney do?

A Chartered Trade Mark Attorney will assist clients in selecting new trade marks and ensuring that the chosen trade mark is both capable of and available for registration. Once a trade mark has been selected, the attorney will be responsible for representing the client in seeing the trade mark through to registration.

What is protected under trademark law?

(1) A trademark shall protect a sign which may be represented graphically and which is capable of distinguishing the goods or services of one undertaking from those of other undertakings. ... shall not, under this Law, be considered to be trademarks.

Is it illegal to use someone else's trademark?

The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or. if your use is part of an accurate comparative product statement.

Can you purchase a trademark from someone?

Answer: Yes, you can purchase a trademark from another person or entity. Trademarks are a form of intangible property that can be sold and bought, just like real estate.

How do you qualify to be a trademark attorney?

One can enroll as an advocate in any of the State Bar Council, after obtaining their LLB degree. The attorney must be registered to practice trademark laws before the IPAB (Intellectual Property Appellate Board) of the Trademark office and must also be registered to practice law in at least one of the states in India.Sep 16, 2017

Is it hard to become a trademark attorney?

Getting qualified You need to take two postgraduate qualifications and fulfil at least two years of on the job training in order to qualify. It will be an intensive couple of years. Once qualified, you will be on the Register of Trade Mark Attorneys, and can apply to CITMA to become a Chartered Trade Mark Attorney.

Are trademark lawyers in demand?

Yes, IP lawyers are very much sought-after. In fact, the demand has never been higher, as more and more businesses are dealing with protecting their intangible assets, ideas, and patents. A: Intellectual property law jobs are based on protecting intellectual property, be it a trademark, patent, copyright, or license.

What rights does a trademark give you?

A trademark protects a good or service offered by a company from infringement or damage of reputation by another company. With a trademark, you have legal recourse to sue another company that uses your likeness to further their own business ventures.

What are the 4 types of trademarks?

Trademarks can generally be categorized into one of four categories of distinctiveness, from most to least distinctive: coined, arbitrary, suggestive and descriptive. Words and designs that lack any distinctiveness fall into a fifth category, “generic,” and cannot function as trademarks.

What are the 3 types of trademarks?

Different Types of TrademarksDescriptive Trademarks;Merely Descriptive Trademarks;Generic Trademarks;

Do I need a Registered trademark?

In the United States, using a name to refer to the offered goods or services automatically creates a trademark for that name. Think “Coca-Cola” or “Google.” When you order a “coke” to go with your meal, you’re not expecting just any carbonated beverage, like a Pepsi or a Dr. Pepper. You want a drink from the Coca-Cola Company.

How long does a trademark last?

The good news is that unlike copyrights and patents, trademarks can technically last forever. All one needs to do to maintain their trademark rights is to keep using it with regards to the goods and/or services they offer.

Can I just use the TESS search on the USPTO website to conduct a trademark search before filing my application?

TESS stands for Trademark Electronic Search System, which is essentially the USPTO’s official trademark database and search engine. Ideally, you can use TESS to find registered or applied trademarks that are:

Is it true that companies are obliged to sue every single potential infringement if they want to present a strong case during an actual infringement lawsuit?

This may be the case for larger corporations with bigger names, but bear in mind that lawsuits can be expensive and time-consuming. What’s more, we’ve already mentioned how “confusingly similar” is subjective, which runs the risk of differing opinions in certain situations.

What can a trademark attorney do for me?

If said trademark attorney is licensed to practice law in the U.S.? Quite a bit, actually.

Ask these 10 things when you want to hire a trademark attorney

For most people, finding and hiring the right attorney can be daunting. When it comes to identifying a trusted trademark attorney to guide your brand in the global marketplace, the task can be even more daunting. Choosing the wrong trademark attorney can be costly.

Cheryl Hodgson

Cheryl is a recognized trademark expert and member of the International Trademark Association, the world’s top brand protection professionals. She Is the founder of Brandaide.

What does a trademark attorney do?

Chartered trademark attorneys are qualified to give trademark legal advice concerning trademark law. They can also help you apply for trademark registrations and represent you with issues concerning intellectual property offices.

What should I ask a trademark attorney?

Do you need a trademark attorney? The short answer is yes. You can technically skip legal services and fees by applying to the patent and trademark office online and practicing caution against infringement by looking up an online trademark database. You could, but chances are the trademark office won’t grant you the trademark.

Join the conversation!

We were unable to load Disqus Recommendations. If you are a moderator please see our troubleshooting guide.

Building FIRE with Real Estate Investing

Before the notion of FIRE took off as a trend, I was working as a loan officer …

The Main Types of Medical Malpractice

Errors can appear at any stage while a patient is under a doctor’s care: …

Question 1: How many trademark registrations have you obtained for clients?

With the influx of new trademark registration services available, a lot of general practice attorneys, patent attorneys, and others are now offering to help you register your trademark. While many of these individuals are talented attorneys, they are not necessarily trademark attorneys.

Question 2: How involved will an attorney at your firm be in registering my trademark?

When services say “hire a trademark attorney” you may be surprised by how much time an actual attorney spends on your matter. Some registration services allow non-attorneys to draft language and make decisions that could drastically affect the outcome of your trademark registration.

Question 3: How will I know if my trademark is available for registration?

A comprehensive search is the only way to determine how “risky” registering and using your trademark is. Many trademark registration services claim to offer a “search”, or, even an on-line search tool. Unfortunately, most of these searches are extremely limited and incomplete.

Final Thoughts

In today’s marketplace, there is wide range of trademark service providers. The key is finding a service provider that offers a high-quality service at a competitive price.