Legal Articles

Thursday 5 February 2015

WHAT DO TRADEMARK LAWYERS DO?



WHAT DO TRADEMARK LAWYERS DO?

A trademark lawyer is a legal professional who is qualified to act in matters involving trademark law and practice and provide legal advice on trademarks and design matters.After completing a seven years education, which includes 4 years of graduation and 3 years of law specialization.

TRADEMARK: Trademarks are a company’s legal representation which is authorized to them and registered at Trademark Electronic Search System (TESS)


When a person needs to file their trademark application, the attorney’s are much way familiar with these matters so they can file it on the client’s behalf. Before ever filing a trademark application, a trademark attorney can conduct a more comprehensive search for potential problems with your use of a proposed mark than you will be able to conduct in TESS.  The attorney then can counsel you regarding use of the mark, recommend whether to file a trademark application, and advise you on your likelihood of success in the registration process.        
                                        
The filing of a trademark application begins a legal proceeding having many legal requirements and strict time deadlines.  Not all applied-for trademarks register, and filing fees are not refunded.  Whether you ultimately proceed on your own behalf or a trademark attorney represents you, all substantive and procedural requirements of the Trademark Act and Trademark Rules of Procedure must be met.  

BENEFITS OF HIRING A TRADEMARK LAWYER
Some benefits of hiring a trademark lawyer are:
·        Saves time
·        Saves money
·        A common person with no law education cannot understand all the complications hidden in the law matters
However, trademark registration applications are a very different story because they’re more complex, less straightforward, relatively expensive, and potentially time-consuming. A knowledgeable trademark attorney will know how to respond to a refusal or an opposition in a timely manner. Even the most astute entrepreneur would not likely be familiar enough with the trademark registration process to efficiently respond to a refusal or an opposition.
A perfect trademark registration application formerly took about 18 months. The USPTO has become more automated and less paper-dependent over the last ten years, so its processing times have become shorter. The speediest trademark registration application we know of took about seven months. The longest took almost three years.
The main task of trademark lawyers is to help their clients to protect their rights. 

This usually means helping them to apply for a patent or a copyright or whatever other protection is appropriate. In order to do this it is necessary to do a search to see if something similar has already been protected, if it has an IP lawyer may be able to offer advice on how to get around this.

Another major aspect of the work of an IP lawyer is to help companies to avoid infringing on a patent that somebody else has. This is actually fairly common when it comes to patents as many times when a company designs something that find that somebody has already got a similar patent. It may be possible to get around this by making your product different enough; an IP attorney can help the company to determine if they can do this and how.

WHAT ELSE TRADEMARK LAWYER CAN DO TO HELP?
A trademark lawyer represents and protects the client’s right from start till the end. After the trademark registration process has completed and a person gets all the right over the trademark, in case the trademark gets stolen by someone other than your lawyer will guide you to process the case and doing all necessary law work.

Trademark Attorney, Trademark Lawyer

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