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A trademark gives an identity to an organization, its products and services. In the cutthroat world of business, it is imperative that organizations and businesses register and protect their trademarks from misuse. A trademark attorney can aid a client in sieving through the legalities of registration and licensing of a trademark.
Functions of Trademark Attorneys / Trademark Lawyers
Trademark attorneys protect the clients’ copyright or intellectual property and related issues from being infringed upon. They are usually part of a legal firm that specializes in intellectual property matters. Such a trademark law firm would have focused practice groups to work on biotechnology, pharmaceuticals, chemicals, mechanical, medical, e-commerce, computer technology and unfair competition. When you choose a trdemark lawyer, you need to look for a strong legal and scientific knowledge so as to protect your trademark, copyright, patent, brand identity or intellectual property claim.
With the help of an able trademark lawyer, you can plan your licensing and negotiation of brands and other intellectual property assets. If your company has or is in the process of developing a new trade identity or brand, it is imperative to ensure that no one else’s copyrights are being violated. This can lead to conflicts later. The legal services given by the trademark attorneys includes the following:
- Trademark Registration including preparing and filing the trademark registration application.
- Representation for the USPTO review of your trademark application. During the processing of a trademark registration and application, some additional legal submission is required and may necessitate meeting the USPTO staff attorney.
- Trademark searches - comprehensive searches to evaluate the likelihood of a trademark registration.
- Trademark Appeals - To appeal to the trademark Trial Appeals Board (TTAB) or to federal court about the adverse trademark registration decisions of the USPTO.
- Monitoring the trademark
- Resolution of domain name disputes
- Initiate or defend lawsuits.
- Appropriate use of trademarks in advertising and literature.
- Expansion of protection rights.
- Transfer of ownership
- Infringement
A trademark goes through a complete cyclical process. It begins with its inception and becomes a legal entity after it is registered and maintained. Companies then use it for commercial exploitation. A good trademark lawyer should have a thorough knowledge of trademark law, copyright law and patent and competition laws.
Initially a trademark or mark needs to be examined for any obvious conflicts that may arise. Potentially problematic marks are then weeded out before the registration process. A trademark law firm will perform a screening against databases of Federal, state and International lists so as to avoid any conflict. Such attorneys are required to assist the client in the application process, starting from drafting descriptions to acting as counsel at the U.S. Trademark Office. The next important stage is to protect the mark against third-party misuse. Litigation may be necessary in some cases where there has been infringement. It is essential that all trademarks and other intellectual property is maintained and protected regularly.
Need for a Trademark
A trademark can be a word, logo or combination of letters or a foreign word that will be associated with your product or service. A trademark distinguishes your goods and services from that of another organization. It is essential that your trademark does not conflict with one registered by someone already. At the same time, your trademark must not mislead people about the nature of the goods and services that are being provided. Trademarks can help build loyalty and value for your organization. It offers considerable commercial advantage to register your brand and other marketing tools.
In today’s global marketplace, it has been all the more necessary to carefully select and protect your name and trademarks. You may unknowingly lose your valuable goodwill or even infringe upon the rights of another firm. The process of applying for a trademark is long and arduous. Without an experienced trademark attorney to guide you, you may be exposed to legal matters that need sound legal advice. A trademark application process and subsequent procedures take nearly 2 years.
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Disclaimer: The articles provided herein are for information purposes only and are not destined as a substitute for specific legal advice. The reader is urged to seek professional legal counsel for their specific circumstances, as the law constantly changes and varies from jurisdiction to jurisdiction and is subject to changeable interpretations.
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