Why Should I Hire an Attorney to Help with My Trademark?
In any business resource management is key to success. Knowing what tasks to perform inhouse and what tasks to outsource are constantly being evaluated and re-evaluated. Hopefully at some point your business will reach a level of notoriety to warrant a discussion as to whether you should obtain a trademark. But again, you will be faced with the option of doing it yourself or hiring a lawyer. So, what should you consider when making this decision?
The Importance of a Trademark
A trademark is how customers recognize you in the marketplace and distinguish you from your competitors, it identifies the source of your goods or services. It provides legal protection for your brand, and it helps you guard against counterfeiting and fraud. With a federal trademark registration, you may be granted nationwide legal protection for your brand in connection with particular goods or services. You will also be protected from being registered by others without permission and help you prevent others from using a trademark that is similar to your trademark. It is safe to say that a trademark can carry high importance for a business. Consequently, is obtaining a trademark something you want to figure out on your own or does its high importance warrant the assistance of an attorney.
Who Is Required to Hire an Attorney
A foreign-domiciled trademark applicant or registrant are required to have a U.S. licensed attorney represent them. If you are domiciled in the United States and want to file a trademark application you may do so without legal representation. However, you must provide and keep current your domicile address with the United State Patent and Trademark Office (USPTO).
What are Some of the Benefits of Hiring an Attorney
The process of filing a trademark registration application has been automated for the most part in recent years. Thus, it may seem straightforward when on the USPTO’s website. But often there are a multitude of issues and complications that can arise. By hiring a trademark attorney:
You will get crucial legal advice about your trademark such as explain rights concerning the registered mark and how to pursue infringement claims.
They will conduct your trademark clearance search before you file an application
They can interpret the results of such findings, evaluate the strength of your proposed mark, help you develop a strong mark, and advise you on how to proceed.
They will be able to flag registered marks that are problematic for your trademark.
They will prepare and file the trademark application and follow it throughout the process should it require amendment.
They will follow up on the process, adhere to deadlines, check status, and respond to any further inquiries regarding the application. They will enforce and maintain your trademark rights
They will represent you at the USPTO’s Trademark Trial & Appeal Board.
You will be shielded from fraudulent solicitations.
Other Considerations
The experience of a trademark attorney makes them more likely to conduct a more comprehensive trademark search of existing U.S. trademarks and will be better suited to interpret the search results. Also, an attorney will help you make sure your application is broad enough in scope to cover the classes of your good and services you want covered.
In our next blog we will discuss the whether it is an issue if you found your trademark registered for different goods or services.
If you have any questions regarding trademark law or the federal process used to obtain a trademark, we would be happy to help.