why you need a trademark lawyer to apply for a trademark

Do I need an attorney to register a trademark in the USA?

No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO).

What do you need to get a trademark?

What Are Trademark Requirements?Provide your name and address as owner of the trademark.State the entity type (individual or corporation) and your national citizenship.Demonstrate actual use or a real intent to use the trademark in commerce.Give a detailed description of the product being trademarked.More items...•Jul 8, 2020

How much does a trademark attorney cost?

Professional fees range from Rs. 999 and upwards per trademark per class + Rs. 4500/9000 as official fees per mark per class.Sep 15, 2017

What is the cheapest way to trademark?

The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS). Remember that you can only register one trademark per application.

Isn't Filing a Trademark Application an Easy Process?

As I said before, on it's face, filing a trademark application seems to be fairly straightforward. You fill out some forms online, pay a fee, and voila, you submit the application. What's the big deal?

What makes Registering a Trademark so Difficult?

There are four main obstacles to acquiring a valid federal trademark. They are the initial naming process and trademark search, the application itself, handling correspondence from the USPTO, and the additional deadlines and hassles of dealing with the entire process. Let's take these one at at time.

How can a trademark attorney help you?

A trademark attorney can also help enforce your trademark after it is registered by monitoring new trademark applications or uses of your trademark and either opposing the applications or taking action to stop the infringing use.

What is a trademark?

Trademark Defined. A trademark can protect the words or symbols you use to identify your business. For example, the Nike Corporation has trademarks in the name “Nike," the swoosh symbol, and the phrase “Just Do It.".

How to register a trademark?

A trademark lawyer can handle the entire trademark registration process for you, making sure it's done right. A trademark attorney can: 1 Search for similar trademarks that might prevent your mark from being registered or used in commerce. This can include USPTO-registered trademarks, state trademarks, and common law trademarks that have never been registered. 2 Interpret the search results and advise you on the likelihood that your trademark registration will be successful and whether your mark can be used in commerce without infringing on any other trademarks. 3 Explain how to choose a strong name or other trademark and evaluate the strength of the marks you are already using. 4 Explain how you should use your mark to give it maximum protection. 5 Prepare and file a trademark application that meets all USPTO requirements. 6 Amend a trademark application. 7 Stay on top of deadlines, check trademark registration status, and respond to issues that come up after your application has been filed.

How many classes are there in trademarks?

There are 34 classes for goods and 11 for services, and it's not always obvious which best apply. Trademark registrations typically only provide protection in the class (es) selected, and mistakes may make it difficult to go after an infringer. Other common mistakes include: Choosing the wrong filing basis.

How does intellectual property affect a company?

Although it does not take up physical space, an excess of intellectual property can burden a company, directing limited funds towards maintaining registrations, defending against third-party claims, or creating and marketing a final product. Selling unused or surplus intellectual property can have an immediate positive effect on a company’s finances, generating revenue and decreasing costs.

Does Coca Cola have a trademark?

The Coca-Cola Company has a trademark in the name “Coca-Cola" as well as the way the name looks when written in white script on a red background. The key to trademarks is that they must be used in business.

What can an attorney do for a trademark?

Attorneys can provide crucial legal advice. An attorney who is licensed to practice law in the U.S. and experienced in trademark law can advise you about many important legal issues. These include: Determining if your chosen trademark can be legally protected.

What are legal services?

Many private companies offer legal services, such as assistance with filings or responding to an office action, or other services. Such services may be legitimate if provided under the supervision of a licensed U.S. attorney.

How does trademarking help a business?

Having a trademark increases the chances of greater sales volumes and improves the profit margins of your business. A registered trademark would increase your business’ visibility not only in the marketplace but also in the online world. Today, the majority of the businesses use trademarks for setting their brand apart to customers online and offline. A trademark attorney can help getting the trademark registered while you channel your energy in your business and save you hassles and valuable time. Your attorney can also protect you from making expensive mistakes.

Can a trademark lawyer help you?

Apart from getting your trademark registered, your trademark lawyer can also help in enforcing your trademark. On the other hand, your lawyer can also assist if you get a cease and desist letter.

Isn't Filing A Trademark Application An Easy Process?

What Makes Registering A Trademark So Difficult?

What’s The Takeaway Here About The Trademark Application Process?

• You’re a busy entrepreneur. You want to build your business and protect your intellectual property. Your to-do list is probably a mile long. Filing and monitoring trademark applications is probably not high on your list of priorities, nor should it be. Leave the legal work to the ones that have been trained to handle these issues, the lawyers. At H...

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