why to hire a tradmark 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.

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Why do I need a trademark attorney?

Jan 23, 2018 · Of course, this is a personal choice, but if this is the first time you’re registering a trademark, I wholeheartedly recommend that you hire a trademark attorney. Here’s why: Reason #1 To Hire A Trademark Attorney: You want the most bang for your buck. Let me make something clear; you need an attorney, not a litigator. And a trademark attorney won’t cost you …

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

Dec 09, 2019 · Additionally, the advantage of hiring a trademark lawyer to assist in the trademarking process is that a good trademark lawyer will have a lot of experience with the entire trademarking process (such as handling Office Actions, Suspension Notices and Oppositions) as well as a level of comfort in communicating with examining attorneys who …

Who can represent me in a trademark application or registration?

Jun 28, 2021 · 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. An attorney can help you understand the legal scope of your trademark rights and advise you on the best way to monitor and enforce those rights.

Can a foreign-domiciled trademark be registered in the US?

Apr 12, 2019 · 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 University of North Carolina completed a study several years ago that found trademark attorneys can increase the likelihood of success of a trademark …

Should I hire a trademark lawyer?

The United States Patent and Trademark Office (USPTO) recommends hiring a trademark attorney to “help avoid potential pitfalls”. However, using an attorney is not mandatory. ... Hiring a trademark attorney can make your trademark application 50% more likely to register. 83% of applications receive an initial rejection.

What are the advantages of hiring an attorney with trademark registration?

An attorney can conduct an in-depth search to ensure the trademark is not likely to be confused with another existing trademark. An attorney can prepare and file the necessary documents to properly register a trademark. An attorney can also offer advice on the best strategy to protect a trademark.Mar 28, 2014

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 happens when you register a trademark?

In my experience, when you register a trademark, there can be a lot of back-and-forth between the trademark office and you. If you’re filing the registration alone, there are a hundred things that could go wrong:

Should I hire a trademark attorney?

If you’re dead-set on registering future trademarks on your own, you should still consider hiring a trademark attorney to help you with the first one. That way, you can see how the process should go, you can learn how to answer those tricky questions, and you can get comfortable with the process.

Why do you need a trademark lawyer?

Having a trademark lawyer to assist with earning a trademark registration is not only about having peace of mind and telling others to rebrand so as not to confuse the consuming public . It may also create many revenue generating opportunities that would not necessarily be present without the trademark registration in hand.

Can you use a trademark as leverage?

If you are the person with the trademark registration, then you can use it as leverage against others. Often, you will retain a trademark lawyer to assist you in this process.

Can you sue a trademark infringer?

If you have a trademark registration, then you can sue any inf ringers in federal court. When you are able to prove infringement, you can potentially receive an injunction to prevent the infringer from continuing to use the mark at issue, an order that requires the infringer to destroy items bearing the infringing mark, reimburement of your trademark lawyer fees and, importantly, monetary relief.

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.

How many trademarks does Gerben Law Firm have?

Gerben Law Firm has registered over 4,500 trademarks since opening our doors in 2008. We work with clients from all 50 states, and, from 30+ countries around the world. Contact us today for a free consultation with a trademark attorney.

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.