Trademark Attorney

A trademark attorney is trained in the complex legalities to represent and protect the rights of the applicant for a trademark for products or services for the consumer. Unfair competition and infringement is common in the commercial world. The trademark attorney works one on one with the applicant, avoiding the use of paralegals. He should always return phone calls, e-mails and search and then file for the client.

Inventor Tip:

Registering your idea early could be vital to keeping your rights. Sometimes it's a race to the patent office, as was the case with the telephone with two patents being filed the very same day. Do you even know the name of the OTHER guy?

The Trademark Attorney Investigates Risks

While the trademark attorney is involved in the examination of some of the risks involved in selecting a particular trademark slogan or logo, the ultimate selection of the trademark is solely the owners. The trademark attorney provides a risk analysis of using a trademark that is hard to register because it is ideal for advertising. The client decides how to proceed toward registration.

Defining Trademark by the Trademark Attorney

Any identifying design, logo, slogan or just a word defining or distinguishing the goods or the product in question from others is considered a trademark, once granted. It also protects the owner from others making similar claims about their product, which could be considered infringement. Some trademarks are a single word describing the product they represent such as, Contact®, which represents a product that sticks to the surface it comes in contact with.

Trademark Attorney Explains Requirements

Another example of a trademark well known to the public would be Nike and their swoosh trademark However, no matter how prominent, the owner of a trademark is required to use the trademark continually in commerce in order to retain ownership.

Trademark Registration By Trademark Attorney

The trademark can be federally registered if it is to be used in interstate commerce when the class of goods and services for which it is used applies. Consumer confidence must be maintained through the continued quality of the goods and services for which the trademark was granted, otherwise, the owner could lose the right to use the trademark. Your trademark attorney would not let this happen and would keep you informed.

Type of Registration Advice from Trademark Attorney

Federal registration of a trademark can be more helpful to the owner who might be defending against infringers. The reason being that the federal government provides legal advantages not afforded the trademark owner by the state. The choice is up to the client but the Trademark Attorney would give you the best advice.