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The Importance of Having a Trademark Attorney
from:Deb St. George, on Patents and Trademarks in your Patent and Trademark Guide From Agritrax.com
It's but ordinary to find big businesses having their personal lawyers. Being ignorant of the law is not an excuse for not being able to sue or to be sued. That is why if your business is slowly climbing the stairs of success, you'd better hire an attorney.
Do you know the most essential asset that your business can own? Well, the answer is very simple. Trademark is a vital asset that will distinguish your business from other competitors and stand out in the market. Make sure that you have a good one because having a not-so-good trademark can blunt all your marketing efforts and entangle your business in legal disputes.
If you don’t have a registered trademark, fill out an application form now and file it online. While you're in the interim, you can use SM or TM to let other people and businesses know that you intend to use such mark once your application is approved.
From the very start, you need an attorney. He or she can help you decide the business entity that you want to enter, and guide you through the process of starting it. All legal matters and requirements like permits and licenses are handled by your attorney, so you can be confident that you're doing a legal business. One of the most important reasons of having an attorney is that you will need his or her expertise when you file for a trademark registration.
According to the trademark law, the key is to be first in the use of such mark. Imagine conducting a business for quite some time without a registered trademark. And then one day, a bigger company moves into your local area which used the same mark or name in the interstate commerce ahead of you. If this is the scenario, you will be compelled to change your signage and your goodwill will be disrupted together with your brand name. Your credibility will be in question and your customers will be confused. And this is all because of not having a registered trademark.
It's not hard to get a registered trademark, especially if you have a trademark attorney to take care of the various responsibilities including:
- advising on selection and adoption of new and original trademarks
- filing applications for a registered trademark
- prosecuting applications
- advising on trademark registrations and its use
- handling trademark revocations, oppositions, assignments, and invalidations
- advising on matters of trademark infringement
Trademarks fall under the law on intellectual property, and if you're planning to obtain a trademark, it would be best to consult a competent trademark attorney. He or she is the right person to help you in making a proper trademark application.
Make sure that you find an attorney that's right for your situation. Having your own trademark attorney will give your trademark application an edge over other applications because more than anyone else, your attorney has far-reaching knowledge of the procedures and the trademark law. Your attorney can give you the right advice on the aspects of trademark filing and services.
When choosing your trademark slogan or product name, make sure that your attorney is with you. He would likely suggest getting a trademark report first. By searching the internet and the site of USPTO, you can obtain a report of existing trademarks. If you have questions about the cost of registering trademarks and the registration procedures, your attorney can counsel you on such matters.
If you have your trademark attorney, you can handle almost any situation including situations that of receiving special letters like a cease and desist. This happens when another party believes that you have infringed their trademark. With an attorney, you can get the right assistance.
That is why you need to be very careful in choosing your trademark attorney. Don’t just pick any recommended attorney from an advertising or referral service. Chances are these persons are not that capable, with little knowledge and experience. This is also true in the case of advertising, where most of the lawyers provide impersonal services and they run their services like factories. Choose an attorney that gives individual attention to trademark matters, licensed or registered, and observes professional ethics. If you can find one with all the qualifications and qualities, then you can expect that your trademark application will surely be approved.
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