A trademark lawyer is qualified to handle cases related to trademark law and trademark practice. Trademark lawyers are regulated often as professions. They can pass a batch of examinations on various trademark cases to comply with the requirements while maintaining professional standards and ethics to ensure a formal registration being a trademark lawyer.
Typically, this position under commonwealth jurisdictions which include New Zealand, the United Kingdom, and Australia should meet some qualifications to be called as trademark lawyers. The qualification is called "protected" or "exclusive" title. However, in the United States, this specialized examination is not required.
Trademark registrations require comprehensive knowledge about its procedures and laws. Using the services provided by trademark lawyers is recommended. They can give you advice regarding the different aspects of trademark applications and services.
Their roles include:
1. A trademark lawyer is responsible for helping you choose a trademark of a certain product or slogan of a trademark. He is also responsible for ordering a search report in connection with your trademark. After getting the results, he will provide you with counsels if using your proposed mark is safe. He will also entertain your questions and inform you about the cost of registration, getting a trademark, and how a logo or slogan became trademarks.
2. A trademark lawyer must help in drafting your trademark application. He should give special attention on the product's description. This is important during your trademark registration.
3. A trademark lawyer ensures that your application is complete. He must review the drawing page and specimen to determine if they comply with the USPTO requirement. Slight differences of the specimens are apparent and depend on whether it is a trademark slogan, product name trademark, or trademark logo.
4. A trademark lawyer must be able to communicate well with the USPTO. This is essential when answering any objections from the USPTO lawyer regarding your trademark application. Your lawyer must write briefs which address the initial objections upon trademark registration.
5. A trademark lawyer is ready to advise you in all aspects of trademark filing and registration. You must learn about trademark searching, online trademark searching, trademark costs, and steps on getting a trademark through trademark FAQ reviews.
6. Moreover, a trademark lawyer can counsel you about handling situations including receiving desist and cease letter. This letter is written if one party believes that his or her trademark is infringed. Your lawyer should evaluate desist and cease letter and offer you the needed assistance.
There are many resources wherein you can look for the lawyer's names such as online directories and yellow pages. You can also ask your friends to find a good lawyer. But besides your effort, you failed, then it is recommended to visit the referral services of the state bar lawyers.
Finding a trademark lawyer is easy but to find the best needs more effort and time. If you get a lawyer who is a beginner or never practices his field of specialization for quite sometime, then expect that your case is a gamble. A new lawyer is still unstable and is not be good enough to handle tough cases.
You can ask the help of a lawyer whom you trust to find the best trademark lawyer. The importance never solely lies on the lawyer's name but on the quality of services he can provide. A trademark lawyer is in a good position to be confident enough that your case is well handled as expected. Try finding a trademark lawyer in your area who has the skills in handling trademark related cases. If the lawyer rejects to handle your case, he could probably suggest another good lawyer perhaps.
However, you need to know that lawyers often receive "referral fees" especially if they send trademark cases to law firms or another lawyer. The amount must be significant, it is about one third or one fourth of the total amount paid to the lawyer who will handle your case. This will motivate the lawyer to give you important information regarding a good trademark lawyer. You can ask the lawyer if he is going to ask for referral fees first to become comfortable when asking. Finding the best trademark lawyer is not difficult at all. By asking decisively and eagerly, it is not impossible.
Patents and Trademarks
A trademark lawyer is a qualified professional with specialization in trademark law and practice. As a professional, he would have had to pass a number of examinations and also be part of an association, which professes a set of ethics and codes of conduct. He would also be required to be registered as a trademark lawyer.
In the countries of the British Commonwealth including New Zealand, Australia and the United Kingdom, special qualifications need to be obtained to be called a trademark lawyer. These are examinations that will need to be passed and may have titles such as “Protected” or “Exclusive” qualifications. This however, is not so here in the US.
Getting the services of trademark lawyers is recommended as they have full knowledge of all the laws pertaining to trademarks, the procedures to be followed to get trademarks registered etc. The following list shows some of what they do.
- A trademark lawyer helps you in choosing an appropriate trademark that will not violate any of the provisions of the trademark laws. He will arrange for conducting searches for similar trademarks and get a report on the outcome of such a search. Once the trademark is known to be available for registration, he will advise you on the costs to be incurred in getting the trademark registered.
- He helps you with the drafting of your application with particular reference to the description of the product. This is a vital requirement in the registration process.
- A trademark lawyer ensures that your application is complete in all respects and meets all the stringent requirements of the USPTO. Slight differences in the graphics from the norms can result in the application being rejected and he ensures that this does not happen.
- He represents you at the USPTO when answering all objections from them about your application. He writes briefs addressing the initial objections after submission of the application.
- He advises you in the filing and registration process. You can learn about the search process, online searching, costs, FAQ reviews and other matters pertaining to trademarks from him.
- He can help you defend yourself on matters relating to trademarks, if the need arises. If you get cease and desist letters, which are letters received from another party who believes his rights have been infringed, he can handle the situation to every one's satisfaction.
You can find a trademark lawyer through online directories or the yellow pages. You can also ask for referrals from your friends and business associates. If you do not succeed, you can contact the referral services of the State Bar Council.
While finding a trademark lawyer is relatively easy, finding a good one requires some serious effort. Obviously, you do not want a beginner with little or no practice. If you get one, it is likely to be a gamble.
You should look for quality by perhaps requesting another lawyer to recommend a trademark lawyer who can be trusted to handle your trademark matters. Someone handling trademark cases in your neighborhood can be approached and if he is unable to spare the time, he can be asked to recommend someone else.
Lawyers receive referral fees for sending clients to other lawyers. Such fees are about a third of the fees to be paid to the lawyer who will eventually handle the case. This is quite an incentive for a lawyer to send you to a good one. By openly discussing the issue, you can find the right lawyer. By being decisive and eager, you can find the right trademark lawyer.
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