Research conducted by the University of North Carolina many years ago revealed that trademark attorneys could boost the likelihood of a trademark application’s success by more than 50%. The reason for this is that, unlike what many online businesses and articles claim, filing a trademark application is a rather complicated legal process. If you own a business, it is easy fall into the trap of believing that they can “do it themselves” and avoid serious consequences. The evidence is overwhelming and clear: trademark agents offer business owners a better chance of ensuring trademark rights. So, what does a trademark attorney do? And why you should hire a trademark attorney?
Why Should You Hire A Trademark Attorney?
A trademark attorney can help you from the beginning until the end of your trademark journey. The fact that they can assist in trademark search, application filing, office action response, trademark registration, etc., answers why you should hire a trademark attorney
The USPTO does not need you to employ a trademark solicitor if you live in the United States and are seeking for registration in the United States. However, the USPTO highly recommends applicants hire a certified trade mark attorney in USA. If you do not live in the United States, you must employ a lawyer who is certified in the United States to represent you.
Can I Register a Trademark without a Trademark Attorney?
Yes, it is possible for a layperson to file a trademark without hiring an attorney, especially when all of the necessary laws and standards are in place. Any layperson who wishes to register a trademark may do so. However, engaging a trademark solicitor will make the process of registering a trademark easier when practical considerations are taken into account. To apply for a trademark, you must complete specific steps. These steps are:
- A trademark application is submitted.
- There is a thorough search of the entire country registry for any similar registered trademarks.
- It takes roughly two years for the Trademark Office to consider or award the applied trademark and publish it in the Trademark Journal.
- Any opposition from a party claiming a similar trademark must be resolved by filing a lawsuit and proving the filed trademark’s originality.
- The Office/Court only gives the trademark if the lawsuit is won.
Applying for a trademark is a lengthy and complicated procedure. It’s usually a time-consuming process, so hiring an attorney is a good idea.
Here is a Complete Guide to Trademarks in the USA. Read this to understand the complete process of registering a trademark with the USPTO
What is an IP Attorney?
An intellectual property attorney is a lawyer who specializes in intellectual discoveries such as inventions, literary and artistic works, designs, symbols, names, and pictures used in commerce.
What are the Benefits of Hiring an Attorney for Trademark Registration?
There are numerous benefits that can answer the question of “Why you should hire a trademark attorney?”
1. Attorneys who specialize in intellectual property can provide legal advice.
A trademark solicitor can assist you in determining your legal rights as well as the filing basis for your application. Throughout the application process, they may confirm that your application appropriately defines your goods and/or services, that you have selected appropriate evidence of use, and much more.
2. Trademark searches can be conducted by IP attorneys.
Engage an intellectual property lawyer to do a comprehensive trademark clearance search before filing your mark to determine if it is suitable for registration.
A trademark must not be too similar to any other trademark that has been registered. Unlike a domain name, which you can own if the exact name isn’t already used, a trademark can be rejected if there’s a chance it’ll be confused with another mark. Even if another mark isn’t registered, it could prevent your mark from being registered if it has common law usage rights.
Experienced trademark attorneys, on the other hand, can do a considerably more complete search. Instead of just looking for precise language matches, trade mark attorneys will conduct a thorough search of your trademark, whether it’s a business name, slogan, or even a logo, to see whether any existing registered marks are confusingly similar to yours. If your trademark agent is notified of a potential match, you can collaborate to build a plan for probable registration.
Do you know you can conduct a trademark search for free? Try these top 4 free tools for trademark search
3. You can hire an IP lawyer to represent you in front of the TTAB
There are several reasons why you might need to appear before the Trademark Trial and Appeals Board (TTAB):
- You can file an appeal if you disagree with the decision reached by the examining attorney.
- If someone objects to your trademark and attempts to have your application or mark revoked
- If you want to sue someone else for trademark infringement
Appeals, Oppositions and Cancellations are all complicated processes with detailed protocols and timeframes. They are compared to federal court proceedings.
When it comes to litigation, a skilled trademark agent may be able to assist you in resolving a disagreement without the need for a court appearance.
4. Trademark Attorney can help in Framing the Trademark Application
Numerous legal considerations must be taken throughout the trademark application procedure. While most company owners are skilled in their domain, they may not have the legal understanding to file a trademark application on their own. Trademark agents frequently assist with registrants who have to pay to re-file an application after filing it on their own the first time. In fact, according to a recent study conducted by the University of North Carolina, the USPTO granted only 57 % of trademark applications filed without the assistance of an attorney. On the other hand, a trademark attorney’s application was approved in 83% of cases. Working with a trademark attorney is recommended if you want the right trademark advice and register your trademark swiftly and efficiently.
The preparation of an application is just as important as doing a thorough trademark search. Failure to properly construct the trademarked goods or services in the description could result in your application being rejected or infringing on other trademarks.
Even if your application is approved, if the application’s description incorrectly depicts the products or services, the firm may be susceptible to trademark office fraud penalties. An experienced trademark attorney collaborates with business executives or the appropriate point of contact to design a plan and draught a description that avoids confusion with other marks.
5. IP Attorneys will help you identify your trademark class
Choosing which International Classes to register your trademark is a crucial step in the trademark application process. It’s easy to become puzzled with 45 international classes under Vienna Classification. The USPTO examiner may have difficulty or reject your application if you do not file the correct International Classes. Intellectual property lawyers can provide the right trademark advice to make informed decisions regarding which International Classes to register, thanks to their extensive knowledge and experience. Filling out the correct classes the first time saves time and money during the registration process.
6. Trademark Attorneys Can advise on maintaining your mark
Attorneys who specialize in intellectual property can assist you in understanding your trademark rights and provide advice when problems arise. They can assist you in asserting your rights against infringement or defending your rights if you are accused of infringing on someone else’s trademarks.
7. Trademark Attorney can help in Trademark Monitoring
The United States Patent and Trademark Office (USPTO) registers trademarks but does not monitor their use in the marketplace. The trademark owner bears this duty. Once a business registers a trademark, it’s understandable that the focus shifts to growing the brand rather than monitoring infringement. However, being aware of individuals attempting to utilize or benefit from your trademark is critical to your brand. Most trademark attorneys, fortunately, also provide monitoring services. They’ll keep an eye on fresh USPTO filings as well as illicit trademark use. Working with an expert attorney allows you to concentrate on expanding your company rather than policing your trademark.
Now that we know why you should hire a trademark attorney, let us look at how to hire the best trademark attorney in the US and other countries.
What is the best way to discover a good trademark lawyer?
To practice before the IPAB, a trade mark attorney must be registered (Intellectual Property Appellate Board). A trademark attorney provides assistance and legal help to a trademark holder or potential trademark holder in any way imaginable. He also double-checks that the trademark he’s filing for doesn’t infringe on the rights of anyone else.
When an objection is brought against a trademark that has been submitted, an attorney is the only person who is qualified to fight the case and settle it so that the registration is allowed, making the appointment of an attorney crucial.
Second, appointing an attorney always has a positive outcome in the future. If the person who filed the trademark dies unexpectedly, the attorney can function as the deceased person’s legal representative with the approval of the deceased person’s legal heir. There are some tasks, such as trademark renewal every ten years, that can be delegated to an attorney to save time.
FAQs About Trademarks
What is a Trademark?
A trademark is a symbol or sign or phrase that distinguishes one company’s goods or services from those of other companies. Under Intellectual property rights, trademarks are safeguarded.
What are the Trademark Requirements?
When applying for a trademark, you must supply information such as contact information and a product description. Trademark applications are reviewed by the United States Patent and Trademark Office (USPTO). This agency decides whether or not to issue you a federally registered trademark for your idea or product based on the information you supply on a trademark application.
To obtain a trademark, you must meet the following criteria:
- As the trademark owner, please include your name and address.
- Indicate the type of entity (person or company) as well as your nationality.
- Prove genuine use of the trademark in commerce or a genuine desire to do so.
- Make a complete description of the trademarked product.
- Attach a trademark drawing or specimen.
- Provide the date of the first use of the trademark.
What is the USPTO’s trademark fees?
- TEAS (Trademark Electronic Application System) costs $225 plus
- $275 for the TEAS Reduced Fee (TEAS RF)
- TEAS Regular Trademark: $400
Can I trademark a name?
Yes, any word, name, symbol, device, or combination of words, names, symbols, devices, or any combination of words, names, symbols, devices, or any combination of words, names, symbols, devices, or any combination of words, names, symbols, devices, or any combination of words, names, symbols, devices.
What is the difference between a trademark and a copyright?
Intellectual property includes both copyrights and trademarks. The material that trademarks and copyrights protect is the most significant distinction, and copyrights and trademarks both provide various levels of protection.
Copyrights: Copyrights safeguard creative works and ideas from the moment they are created. Authors and artists are the ones who use them the most. With time, copyright becomes obsolete.
What are the different kinds of trademarks?
Most people believe that there are just three or four categories of trademarks. Product marks, service marks, collective markings, certification marks, shape marks, and other forms of trademarks exist.
Why Choose TMReady?
If you plan to get your trademark, there is nothing more affordable and wiser than TMReady. Our all-in-one trademark services, reasonable prices, and complete support throughout the trademark journey make us the best trademark support firm. Even if you already have a trademark and are looking to prevent infringement, our holistic trademark monitoring strategy is the one-stop solution. Want to know whether we provide services in your country or not? Click here to know.