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Do You Need a Lawyer to Trademark a Name?

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To reserve a name, a lawyer is strongly suggested; however, it isn’t really needed. Brand name regulation might be intricate, and the lawful prerequisites for registering a brand name can be grave and tedious. It is advised to recruit a trademark attorney so that there will be a guaranteed speed procedure and a high success rate in registering your trademark.

A Trademark Lawyer Can Help You with the Following:

  • To make sure your intended trademark is not being used by anyone else, a trademark attorney may conduct a thorough investigation. This can assist in averting legal problems and violation claims in the future.
  • Speak with a trademark attorney to ensure that all legal requirements are met and to assist you in filing the application.
  • By working with a trademark attorney, you can monitor the market for any trademark violation and take legal action to stop others from using your name. This covers bringing legal action, coming to settlements, and delivering cease-and-desist letters.
  • Trademarks need to be renewed periodically to maintain their protection. To continuously enjoy using your brand name and its rights, a trademark lawyer will guide you properly in renewing your trademark.

Merits of Hiring an Attorney include:

  • We provide you with crucial legal advice about your trademark.
  • Conducting your trademark clearance search before you file an application.
  • Preparing your application accurately.
  • Responding to legal correspondence from the USPTO.
  • Enforcing and maintaining your trademark rights.
  • Representing you at the USPTO’s Trademark Trial and Appeal Board.
  • Shielding you from fraudulent solicitations.

Reasons to Hiring an Attorney

There are many strong reasons why people and companies should choose to use a trademark attorney’s services for US trademark registration, even if it’s not required:

  • Navigating the trademark registration process necessitates a full grasp of legal concepts and methods due to the potential complexity and intricacy of trademark law. The trademark attorney provides all the trademark compliances as per the law, as he/she is a specialist in the field.
  • A comprehensive Trademark search is required to find any possible problems with trademarks that have previously been registered. The trademark attorney will provide the exact availability and registrability of a proposed trademark by using his experience.
  • When writing a trademark application, there are a lot of things to take into account, like under which class the proposed trademark will fall in and producing sample proof. A trademark lawyer may provide assurance on the accuracy and completeness of the application to boost the likelihood of approval.
  • Legal letters from the USPTO may be hard to read.  If the USPTO files an office action noting issues or objections with the Trademark application, a trademark attorney can help with drafting a compelling response. Their expertise can help to resolve issues and remove obstacles pertaining to registration.
  • You need to protect and preserve your trademark rights at all times. Always legal help is beneficial to defending your rights, which is provided by the trademark lawyer.
  • Obtaining legal counsel to represent you before the Trademark Trial and Appeal Board of the USPTO may be crucial for safeguarding your trademark in the case of a dispute.
  • Attorneys can also help you fight back against fraudulent solicitations and misleading offers, which often go after trademark applicants.
  • In trademark disputes or litigation, having an attorney with experience in trademark law may be highly beneficial. On behalf of you they will appear in court, mediation or negotiation place to settle the issues effectively and defend your trademark rights.

 Why Should an Attorney be Appointed?

  • If a situation arises when an objection is raised against a filed trademark, an attorney is the only qualified person to argue the matter and settle it so that the registration is granted, making the appointment of an attorney important.
  • Secondly, having an attorney appointed permanently will have good results in the future. In the unforeseen circumstances of the death of the person who filed for the trademark, the attorney can act as a legal representative of the dead with the consent of the deceased person’s legal heir. There are jobs like renewing the trademark every ten years and such, which, if left to the attorney, will save more time.
  • He will relieve his customer of the load, so the client won’t have to perform every task alone.

A trademark attorney has more incredible experience, is a certified lawyer, works outside the IPAB Trademark Office as well, and may practice trademark law only after meeting specific requirements set down by the IPAB. This gives them an advantage over the agents. Any person who is an attorney and is filing for a trademark can do away with appointing a Trademark Attorney because he might know his set of laws clearly enough to be able to file a trademark. He can afford to do away with an Attorney. However, it is recommended that an expert trademark attorney be appointed to give legally sound opinions to laymen who have no knowledge of the law. Apart from this, a trademark attorney can also be instrumental in providing proper legal knowledge after consultation.

Registering a Trademark through an Attorney

Choosing a trademark attorney has several benefits over going it alone, all of which are connected to the experience and knowledge the lawyer has with trademarks. Even if it doesn’t seem difficult, having an experienced attorney on your side to guide you through the registration procedure may be beneficial.

A trademark attorney can help you do the following:

  • Look for identical trademarks that can make it difficult for you to register or utilise them for commercial purposes.
  • Analyse the outcomes of these discoveries and offer guidance on your next steps.
  • Assess the quality of your suggested mark and assist you in creating a good mark.
  • Describe your rights with regard to the registered mark and the process for bringing violation claims.
  • If the trademark application has to be amended, prepare it, file it, and monitor it during the entire procedure.
  • Monitor the procedure, meet deadlines, verify the status, and address any further questions about the application.

By monitoring for any violation and, if required, pursuing claims after the brand is registered, an attorney may help you enforce your intellectual property rights in the trademark. Again, you may choose to manage all of these activities yourself, but if you want to collaborate with an experienced professional, hiring a trademark attorney is the ideal choice.

In the end, your trademark serves as a means of brand recognition; thus, having a trademark lawyer on your team may assist in ensuring that you are adequately safeguarded. It’s an investment well worth considering because hiring an attorney may help the process move more quickly and perhaps save you time and money in the long run.

Conclusion

Engaging an attorney for trademark registration yields a host of benefits. From meticulous Trademark searches to addressing complex issues and global strategies, their expertise is invaluable. Attorneys ensure accurate form completion, crafting precise descriptions and effective communication with the USPTO. Their role spans optimal Trademark selection, proficient application management, and strategic insights. With adeptness in legal landscapes, Attorneys enhance your chances of approval while safeguarding your interests. In a world of legal intricacies, an Attorney’s guidance fosters informed decisions and favourable results, making their role indispensable.

FAQs

  1. Is it necessary for a Trademark lawyer to file a Trademark?

No, a Trademark lawyer is not always necessary to file a Trademark, but their knowledge will help you increase your speed and chances of success.

  1. How do you register a Trademark?

A Trademark may be registered when an application is submitted to the Trademark Registry. The application shall include the Trademark’s information, including any class or category of goods or services it is associated with. The application shall be examined and published after it has been submitted, prior to the approval of registration. In order to increase the likelihood of acceptance, it is essential to verify that the mark has been distinctive and does not resemble any registered marks.

  1. What is the difference between TM and SM symbols?

The TM symbol is used to indicate that a Trademark application is pending for unregistered Trademarks. In contrast, service mark applications filed under classes 35–45 in the industry utilise the SM sign. While both marks indicate ownership of a particular mark, their applications and meanings are different.

  1. What is meant by a Trademark class?

The Trademark Registry is classified into 45 classes. Every application must state the Trademark Class/classes to which the goods/services belong. The Trademark should be registered only under those specified classes.

  1. Is it necessary for me to register my wrapping, tagline, and logo as a Trademark?

Yes, we advise you to register your Trademark with your logo, tagline and wrapping so that we can avoid illegal use or Violation by rivals. Further, it will raise the value of the company and increase consumer loyalty and brand awareness.

  1. What is the cost involved in Trademark registration?

The cost depends on, under how many classes you are registering and type of application filed. The professional assistance is required to avoid any errors that lead to additional expenses.

G.Durghasree B.A.B.L (Hons)

G Durghasree B.A.B.L (Hons) is a registered trademark attorney with extensive experience as an Advocate for a period of 8 years. She possesses expertise in trademark law, including trademark filing and trademark hearings. Additionally, she is skilled in contract drafting and reviewing, providing legal advice and opinions, particularly in the areas of Company Law, Insolvency and Bankruptcy Code (IBC), and Goods and Service Tax Law (GST). Her experience encompasses both litigation and non-litigation aspects of these laws.