Are you an enthusiastic entrepreneur with a great idea for a new start-up? Or a representative for a well-established company seeking to protect its intellectual property rights? When it comes to deciding whether to apply for a new trademark, or dealing with problems arising out of your application, a trademark lawyer is an invaluable resource.
Trademark lawyers provide you with the legal expertise required to navigate through the often complex area of trademark law, ensuring you are aware of your rights under the law. They are trained legal professionals able to give you advice on all aspects of the process, from filing a trademark application to what to do if your trademark has been rejected.
1. Finding the right trademark lawyer
There are many ways available to you when looking for a lawyer. A simple internet search will supply you with the names and areas of expertise of all attorneys in your local area. You can then identify those who specialize in trademark law.
Alternatively, a phone book will contain information on practicing attorneys and their specialisms.
If you’re finding the search difficult, contacting the local bar association could be a wise move. They can provide information about which lawyers would be most suitable for you.
Advice from trademark attorneys is protected by client-attorney confidentiality. This means that you do not have to worry about putting your rights at risk, whether you approach a lawyer on your own behalf or for a company.
2. Navigating the system
Procedures for registering a trademark are not straightforward. Many steps have to be undertaken, and if you fail to comply with the requirements, your application could be rejected.
This is where a trademark lawyer comes in. With a thorough knowledge of how the system works, they can guide you through the process effectively and prevent any mistakes on your part. This will not only save you time but also money, since the filing fees for trademark applications will not be refunded if your application fails.
3. Let an expert do the work
For a lawyer to specialize in the trademark field, they have to complete a rigorous legal education. Many attorneys will also have bolstered their legal understanding with industry experience in the areas in which they work. Taking advantage of the extensive knowledge they possess will help you along the way.
Before applying for a trademark to protect your brand, a lawyer will be able to perform a search to determine whether your application could potentially run into opposition. The searches a trademark lawyer can conduct will be more thorough than what you would manage on your own.
The lawyer will also deal with a wide variety of situations, including registration cases, infringement and opposition cases.
4. What will it cost?
All attorneys charge fees for their time and consultation, so you can expect to have to pay for the assistance of a trademark lawyer. But in certain circumstances, such as if you are someone with limited financial resources, you may be able to benefit from reduced rates or even pro bono sessions or initial consultations offered by lawyers. These offers are aimed at helping less privileged individuals to access the legal advice they need.
5. Protect your ideas
The cost of a trademark lawyer will be small compared to the damage that could result if things go wrong. If you are at the stage of applying for a trademark, you have probably already invested considerable time and energy in developing your idea, whether it be in the area of engineering, science or technology.
You will receive better protection and be able to enforce your intellectual property rights more effectively if you are aided by a trademark lawyer.
