Roles And Responsibilities Of A Trademark Attorney

Some of the most popular trademarks in the country today are those for Coca Cola, Apple and Google. For the majority of people, the sight of the red can with the underlined name of soda or the apple with a single leaf and a bite taken out bring about instant recognition for the product(s) they represent. While these are examples of products that are most recognizable in this country, there are also thousands more in this country and around the world. Without trademark law, any other business would be free to use the same or similar names, logos, or taglines as those that belong to the best-selling products in the world. But since trademark law does exist, a trademark attorney like Crossan IP Law, LLC. can help you protect your valuable trademark from other businesses.

Who Needs a Trademark?

Trademarks are used to distinguish and identify goods or services offered by an individual or business from those of another. Legal registration of a trademark is not required but it does provide greater protection than that obtained from common law use. Some of these advantages are:

•    Your trademark will be listed in the USPTO database so others who are considering registering the same or a similar trademark will find that yours is already in use

•    The right to use the ® symbol of federal registration

•    The ability to bring action in federal court

•    To use a United States registration to acquire registration in a foreign country

Who Needs a Trademark Attorney?

The process for filing for a trademark is a complex one. Once you begin by filing the application with the USPTO, a legal proceeding begins that consists of many rules. You must comply with all of these rules before a trademark will be granted. Although you have the right to apply for a trademark on your own, most people hire a trademark attorney to navigate the legal process. There are a number of documents required, any of which will forfeit your application if you fail to submit it according to the rules.

Every person who relies on their application for a trademark to be accepted needs the representation of a qualified, experienced professional. Your attorney will help you at every phase of the process. This will save you time and help you get the approval of your trademark faster. An Intellectual Property attorney will also advise you on whether you need a trademark, copyright, and/or patent for your intellectual property. They can also help you distinguish between a domain name and a trademark for your internet business.

How to Choose an IP Attorney

The best trademark attorney is the one who has a great deal of experience and clients at the state and international levels. Trademarks should be an area of expertise that they have attained from a variety of business types and sizes. Trademarks are not just important for the large organization that has created a new product to add to their line. It is an investment in the success of a new product or company that is just getting started.

Sources:

http://www.registeringatrademark.com/trademark-lawyer-role.shtml

http://www.businessinsider.com/these-are-the-20-most-valuable-brands-in-the-world-2013-9#1-apple-20

http://www.uspto.gov/sites/default/files/trademarks/basics/BasicFacts.pdf