Trademark is an Intellectual property right that protects the brand of the company. It helps to distinguish the goods and services from that of a different producer. There are federal, state and international trademark laws that interact with one another. These laws impact the business and are considered to be one of the business strategies. It is important that every name associated with the company and its products and services is legally protected against infringement. In order to do this, one needs to hire a Trademark lawyer to handle the application process on the behalf.
Why is trade marking necessary?
The process of getting the trademark registered is a complicated one and it requires professional hand. Getting a name for the business is not as simple as it may look like. One needs to search the records and ensure that the types of another company will not be influenced by using the name one has come up with for his own company. It is the duty of the trademark lawyer to do a comprehensive search and ensure that the company does not face any legal issues in the future due to Trademark infringement. One may opt for some of the online services for purposes of the searching the trademark that one wants to use but the results will not be comprehensive. It may end up infringing on a trademark.
What does a trademark lawyer do?
Trademark lawyer goes through all national, federal and common law records to ensure that the company is completely save with the choice of trademark. The whole process of registration is fraught with legal aspects. Trademark lawyer has gone through the process many times and he knows well how to handle the application by protecting the client from legal issues. The lawyers not only help through the registration process but can also provide suitable pre-registration guidance as well.
What are the different types of trademarks?
A trademark lawyer is the right person to explain the various types of trademarks commonly used. Some of the different types of trademarks are as follows-
- Suggestive marks
These trademarks are the ones which make and indirect reference to the products and services. These are more preferred for the uniqueness when compared to descriptive marks.
- Descriptive marks
These trademarks describe the products and services offered. Trademark lawyer advice is not using this because one descriptive trademark could be similar to various other products of the same category. But there are also advertising advantages associated with descriptive trademarks.
- Arbitrary marks
These are highly preferred for protection purposes. These English words are commonly used which can be used for unrelated products. For example Apple for computers is an arbitrary trademark but with the mark Apple when used for a fruit exporter it would become a descriptive trademark.
- Obscure and fanciful
This trademark is known to provide the maximum amount of protection possible since they are basically unique words which have no meaning. These are created by business entrepreneur and the brand became their identity. Classic examples of these trademarks would be Xerox, Oreo. These terms have replaced actual products in the process and have become generic terms.
Where can one find a trademark lawyer?
There are a lot of ways to find a good lawyer. One of the most appropriate places to search for a lawyer is internet. They can give dependable information about available copyright and trademark lawyers. Before choosing the lawyer, one should make sure that the lawyer must have a good legal training. The proposed lawyer should have some accreditation from two or more bar associations. One should not rely on any name found in the site or any journal. The trademark lawyer should have some experience and he should be chosen on that basis.
Feedbacks and recommendations from the previous clients also play an important role in choosing the lawyer. Even by interacting with the lawyer one can understand if he or she is interesting in fulfilling the client’s requirements. After choosing the trademark lawyer, one can work together and fulfill the common purpose of getting the copyright or trademark registered.
Why is it necessary to employ a lawyer?
It is necessary to hire a legal representative because that person is qualified and has the required knowledge to get a trademark her copyright and have them registered. He or she begins the whole procedure of registering the trademark copyright. The legal representative is well educated on matters relating to patents and copyrights. The person should have sufficient experience and knowledge about intellectual property law. The legal can also defend the client from any legal proceedings in relation to the trademark or copyright. Hence, lawyers are necessary to file trademark or copyright of any company.
What is the process of trade marking that is done by the lawyer?
Registering a trademark takes minutes and a specific amount of money. By seeking the assistance of a competent lawyer one can assure that everything is done legally. There are many law firms specializing in business law serving businesses and entrepreneurs. The trademark lawyer provide legal expertise in business development. They draft and review contracts and agreements, register trademarks and copyrights, answers legal questions. Trademarks prevent any sort of confusion that may arise in case of multiple companies using the same name or logo. The process of trade marking legally send a formal notice to other companies that they are exclusive rights to a certain name within a specific geographic location.
