You must undergo some legal proceedings in order to file a trademark application with the USPTO (United States Patent and Trademark Office). You may deal with these proceedings yourself or hire a professional Trademark attorney. Also, a number of people continue to seek help from the Trademark attorney even after the registration. A qualified trademark attorney is licensed to practice law and may provide you crucial legal advice. Also, he helps you in avoiding drawbacks within the application for a successful registration. Thus, aids in enforcing trademark rights.
Role of a Trademark Attorney:
A Trademark Attorney provides crucial guidelines and techniques to file a better Trademark application. It ultimately increases the chance of your Trademark to qualify for registration. Some of the important fields where the attorney play an important role are:
Providing Legal Advice:
A qualified trademark attorney provides you legal advices that are beneficial for long terms. They own a good experience of dealing with the Trademark registration process. They may provide you crucial advice like:
- Whether your selected mark is protectable or not?
- Accurate classification and identification of your products or services in the Trademark application.
- How to respond to the objections and refusals during the examination process?
- Taking legal actions against the third party in case of Trademark infringement.
- What to do and how to defend yourself in case you infringe any other trademark?
- How to file for foreign trademarks according to foreign laws?
Conducting a Trademark Search:
A Trademark attorney helps you in avoiding costly legal hurdles. He performs a thorough trademark search before you file your Trademark application. A comprehensive search includes searching the USPTO database for marks that may cause infringement.
Also, it searches the state trademark registration database for unregistered trademarks. The unregistered similar marks may prohibit you from using your trademark rights or even register your mark.
Also Read: The Trademark Filing Company
Clarification and Enforcement of Trademark rights:
You must keep an eye on the Trademark through monitoring services to avoid any sort of Infringement. The attorney helps in understanding the trademark rights and visualizing the scope of it. Also, they provide best methods for monitoring the trademarks and enforcing the rights.
Moreover, they may help you to face situations like:
- What to do if someone infringes your Trademark?
- How to avoid infringing other marks and how to escape the legal proceedings if you infringe the marks accidentally.
Also, an attorney ensures that you fill all the registration related maintenance documents timely. Thus, it increases the validity time for the registration.
Handling legal Proceedings:
A third party may file an opposition to prevent your mark from registering. Also, they may file a petition for cancellation of your Trademark to cancel your existing Trademark. These cancellation and oppositions lead to a legal proceeding held before the TTAB (Trademark Trial and Appeal Board). It works as a tribunal for the USPTO (United States Patent and Trademark Office).
The TTAB also deals with the final refusal appeals by the examining attorneys of the USPTO. The issues related to these proceedings are complex. Thus, you must prefer hiring an experienced attorney.
Searching for a perfect Trademark attorney? – TMReady
It takes money, labor, efforts, days and much more to make a brand recognizable among others in the business. You must make sure that you are headed in the right direction. The first step is to conduct a trademark search. Also, you may require professional assistance for the same. TMReady presents you the widest and variable search coverage. Our professional experts perform a manual search inside the global database. Moreover, we always ensure that our prices are budget-friendly and within everyone’s range. You get 100% satisfaction without compromising with the quality. To inquire more, visit us on TMReady.