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Trademark Attorney for Small Businesses


Last Updated on May 23, 2024 by G.Durghasree B.A.B.L (Hons)

A brand name will be protected by an attorney who practices a tangled area of guidelines expected to defend people’s and associations’ intellectual property rights. It helps businesses plan out and protect their brand identities, as well as prevents consumer confusion.

Role of a Small Business Trademark Attorney:

The taking after are the key duties of a trademark lawyer:

  • A lawyer will conduct a comprehensive search before submitting an application for a trademark to ensure that the suggested trademark isn’t being used by another business. Future disputes and legal problems are avoided by doing this.
  • Following verification that the desired trademark is available, the attorney will help the small business submit the required documentation to the appropriate trademark office in order to properly register the brand. Creating, submitting, and responding to any questions or objections from the Trade Marks Office are also included.
  • A trademark attorney provides small businesses with trademark protection by keeping an eye on any violations. A small business may develop unutilised trademarks and broaden its supply of goods and services as it grows. They guide the company with appropriate action and file a claim in the event that someone is using the trademark without permission.
  • A trademark attorney may assist in managing and upholding the company’s portfolio of trademarks, ensuring that each is properly protected and up to date.
  • Occasionally, a small business may decide to sell or buy trademarks, as well as grant permission for third parties to use its trademarks. A trademark attorney may provide guidance and support to guarantee that the business’s interfaces are preserved in the midst of these forms.

In every situation, small enterprises need the help of a trademark lawyer to construct and protect their brand characters in arrange to stay competitive within the advertise.

The Importance of Trademark for Startups

For startups, trademarks are essential because they help define their brand identity and promote consumer identification. They boost the startup’s legitimacy and positioning the market by encouraging loyalty and trust, and distinctiveness in cutthroat markets. Trademarks provide legal defence against brand infringement, protecting the startup’s distinctive identity and averting consumer confusion. For the startups to establish strong brand pillars and to have a good success, trademarks are vital tools.

Reasons for Appointing a Trademark Attorney:

  1. Brand identity: By using legal expertise, a trademark attorney can make sure that your trademark is registered precisely, safeguard the exclusivity of your offering in the market, and stop others from stealing your identity.
  2. Trademark registration: A trademark attorney streamlines the intricate trademark registration process, navigating legal nuances to secure your brand’s exclusive rights efficiently and effectively. Their knowledge reduces errors and maximises the protection of your intellectual property.
  3. Monitoring and Enforcement: A trademark attorney vigilantly monitors the market, swiftly identifying any unauthorised use of your trademark and taking decisive legal action to enforce your rights, safeguarding your brand’s integrity and value.
  4. Trademark Licensing: A trademark attorney facilitates strategic trademark licensing agreements, ensuring your brand’s integrity and maximising revenue opportunities while safeguarding your intellectual property rights with expert legal guidance.
  5. International Trademark Rights: A trademark attorney navigates the complexities of international trademark laws, securing your brand’s rights across borders and safeguarding against infringement to maintain global market presence and integrity.

Trademark Attorney Selection Tips:

Selecting a good trademark attorney is basic to assuring your brand’s name. Need to check the below factors while selecting a good trademark attorney:

  1. Experience and Expertise: You should try to locate a lawyer who specialises in trademark law and has a lot of experience in protecting a business’s Intellectual Property Rights.
  2. Responsiveness and Communication: Good communication is key in this process. Look for a lawyer who will hit you up immediately, convey in a reasonable and straightforward way, and keep you informed at each phase of the brand name suit.
  3. Affordability: Legal services can be expensive. They are crucial for protecting your brand. Look for a lawyer who offers fees that align with the capabilities of your small business.
  4. Client References: Ask for references or testimonials from other small businesses the attorney has worked with. This can provide insights into their effectiveness and client satisfaction.


As well as being a lawyer, a trademark attorney is a valuable asset to protect their intellectual property rights. To safeguard your property and keep up with the peculiarity and legitimate trustworthiness of your trademark, you really want a trademark attorney. They take care of everything, from choosing and registering trademarks to ensuring that they are observed and respected.


  1. Why did my trademark application get rejected?

Trademark rejection happens for various reasons, such as:

  • Likelihood of confusion
  • Descriptiveness
  • Offensive content
  • Level of distinctiveness
  • Geographical terms

If you experience trademark rejection, consult a trademark attorney to explore your options.

  1. Who is eligible to apply for an Indian trade mark registration?

Different categories of trademark applicants are defined by Indian trademark law. The official filing fee and documentation requirements vary based on the applicant’s type and category for a trademark. To put it briefly, one can register a trademark in India by:

  • One-person startup or small business (cooperative owners, proprietorship)
  • In all other situations (such as LLPs, private limited companies, and partnership firms).
  1. What is the price in India for registering a trademark?

An estimated basic charge for completing Form TM-A, the trademark application form, in India is:

  1. One-person startup or small business:
  • Electronic filing: 4,500/-
  • Hard copy filing: 5,000/-
  1. For all other instances:
  • Physical filling: 10,000/-
  • E-filing: 9,000/-
  1. Does applying for a trademark mean hiring legal counsel?

Not at all, despite the fact that working with a trademark lawyer is highly recommended. Indeed, even in circumstances where they are not addressed by the lawyer, a candidate is, in any case, expected to agree to all meaningful and procedural necessities of the Act.

  1. What’s the service mark for?

The mark is known as a service mark for any word, name, image or combination which is used or expected to be used in the course of the business to identify and separate the administrations of one supplier from those of other suppliers and to distinguish the wellspring of the administrations.

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.