Trademark registration needs awareness of the procedures and law, so it is very essential to hire a Trademark attorney who has extensive experience. One needs to choose an attorney who has individual attention to the trademark matters including every aspect of trademark searching and filing. One should choose the attorney carefully. Lawyer referral services may not evaluate the abilities of the attorney properly. The trademark lawyer san diego ca must be well educated in trademark law and have certain experience and giving trademark services to the clients. It is better to search for graduates of Law schools at a renowned for their program on intellectual property law.
What is the role of trademark attorney?
The role of a trademark attorney is vast. He has to advise the company in selecting the trademarks. New trademark should be selected carefully so that they do not violate the Exclusive rights of any other company. They also help in filing and prosecuting registered trademarks and patents. It is his duty to complete the trademark application procedure thoroughly. He should also advise on trademark infringement issues of the company.
A good Trademark attorney can help the client with several aspects of filing a Trademark such as-
- Trademark attorney can help to find a trademark slogan or the name of the product. The lawyer orders a report of the trademark search and councils on the outcomes of trademark and explains whether it is required to continue with the planned mark. During the counseling the client may also ask question like how to obtain the trademark, what is the cost of registering, how to Trademark a name or logo.
- The Attorney helps to draft the trademark application. The client should make sure that the lawyer place special attention on the report of the product.
- The Attorney helps in assuring that the trademark application form is thorough.
- The Attorney must be capable to deal with any legal problems or objections with the trademark application. The lawyer should be able to deal with any primary objections to register the trademark.
- It is the duty of the trademark attorney to be able to guide on all the aspects of Trademark registering and filing. He or she can help in handling the situation like getting a cease. One should be ready with all kinds of trademark advice.
There are certain mistakes which are made while filing a trademark. It is always a good idea to be aware of the most common types of mistakes which are often made which include the following-
- Filed proper type of application
The individual can file different types of applications based on how a trademark will be used. The individual should consider filing and “intent to use” application if he is using the trademark for the first time.
- Be specific
It is necessary to be specific while filing the trademark. Trademark applications required the clients to describe the goods or services offered by a company. Individual should both make sure that an accurate description is chosen. The patent and Trademark office already offers a list of Pre approved descriptions for trademarks.
- Language
There are certain phrases that one should avoid using while filing a Trademark. For example: Words like “including “or “includes “should be avoided because it lacks specificity. If “Descriptive” or “generic “words are used while filling trademark because these words have a greater chance of being rejected by the Trademark and Patent office.
- Owner
While filing for a Trademark, individuals should make sure to clearly state who owns the rights of the trademark. If the owner of the trademark is the company, the client should make sure that a date of the filing application is set after the date of the incorporation of the company.
How to find a good trademark attorney?
Trademark attorney specializes in dealing with trademark issues. A Trademark is a unique sign used by companies or business organization to differentiate its products or services to consumers. Trademark infringement is an offence under it of it requires legal proceedings. Some large companies appointed trademark laws to deal with trademark problems. If any other company believes that its trademark is violated by a company they will send a cease notice. The trademark attorney will help to create a trademark that will allow the company to build a reputation behind the brand. Finding a qualified lawyer can be a hard task.
These are some tips to find a good trademark attorney which includes
- Hire a firm
Another good idea is to hire a firm. There are companies that hire a group of autonomous who take care of the needs of the consumer. These firms specialize in one area of the law. There are many lawyers in the firm and they will be able to work on the case. A good lawyer also ensures a good amount of experience which will help the clients to get the most for the money invested.
- Refer whom to hire
At times, the business owners can also refer whom to hire. When someone gets good service from a company or a professional, they can refer a good attorney. This is a good way to get a high quality attorney to help the company expand.
- The Advertisement
Advertisement is an easy way of hiring new people. There are many places that one should place an ad for Trademark attorney. There are many good websites to hire an attorney for the company.