Choosing the best trademark attorney for your business

If you have spent a long time, possibly even years developing a product that you feel is of value, then you’ll want to market it the very best way you can to maximise its potential. One of the best important things to consider is its trademark as potential customers will associate this mark with the product. However the very best trademarks don’t describe the product or service it represents in any way, and it’s a trademark lawyer’s job to guide their client through the process to ensure the right mark is chosen for your business or service, and to protect your intellectual property rights.

A trademark has a dual purpose as it’s not only the brand name, but is also an assurance of the products quality. Anyone purchasing the product will know exactly what they are getting, so if you think you need a trademark then your next step should be to hire a trademark lawyer.

Benefits of hiring a trademark attorney

Once you file an application to protect your trademark you have started a legal proceeding, and most applicants will have hired a copyright lawyer to help them avoid any potential pitfalls.

They will be able to represent you and will guide you through the process, helping it to go a lot more smoothly.

They’ll also be able to help you after the product is trademarked in terms of policing it and making sure any registration issue is enforced. Hiring a trademark attorney might seem costly, but could save you an awful lot of money over the course of time. This is because they’ll be able to conduct a comprehensive search of existing trademarks including “common law” unregistered trademarks which don’t appear in the standard database. A copyright lawyer will also know the best way to describe your product or service, and is best equipped for dealing with any issues that might arise during the registration process.

What happens once a trademark attorney has filed an application?

Once your copyright lawyer has filed an application, then the application is assigned a serial number and forwarded to another attorney to be examined more closely. The examining process can take a number of months to complete as the application must be reviewed to ensure it meets with all the current rules and statutes, and it must also include all the applicable fees. These fees are non-refundable in the event of the trademark being refused.

If the examining attorney decides there is a problem with the trademark then they’ll issue a letter stating their reasons for refusing the application. It may be possible to correct the trademark, but this has to be done within a certain amount of time for the application to remain valid. At this point the application may be granted or refused again. In the event of a second refusal the applicant may be able to apply to a tribunal, depending on where the application has been filed. This long winded process is necessary to ensure every trademark is unique.