Facing issues regarding business trademarks can be a real hassle and lead us to big losses. Consider dealing with an expert trademark attorney if we are a company owner trying to protect our brand. Our attorney will undertake a thorough trademark search on our behalf, as well as submit the application with the USPTO and react to Office Proceedings. Once the trademark is registered, the attorney can keep track of how it’s being used and work with us to take legal action if it’s being used without permission.
What exactly is trademark law?
The legality of company slogans, names, and identifiers, as well as the right to use them, is known as trademark law. A trademark is a phrase, symbol, or word that a business uses to identify or brand a product. Intellectual property includes trademarks. They assist firms in establishing a brand identity and selling their goods. Trademark laws are governed by both state and federal legislation. Trademark laws were initially enacted as part of common law in the United States. In 1946, the federal government of the United States approved a trademark legislation that covered the whole country.
What are trademark attorneys’ duties?
Trademark attorneys assist their clients in the creation and protection of trademarks. They assist their customers in determining if a term or slogan is eligible for trademark rights. Attorneys for trademarks perform thorough trademark searches. We won’t lose money on trademark applications that are nearly guaranteed to be rejected, and we’ll be able to see conflicts that may arise before they become a major issue. They also assist in the preparation of suitable trademark applications that adhere to the USPTO’s technical criteria. Finally, an attorney can assist us in determining whether or not that trademark should be cancelled, allowing us to continue with the trademark.
The procedure of registering our business’s trademark
Identify the trademarks used by our business
A trademark attorney can assist us in determining which trademarks our firm owns. While it may appear to be a straightforward procedure, it is frequently not. For instance, one may want to trademark the company name, motto, and logo, but what about the identities of the specific products and services, the seminars that firm delivers, or the packaging of the products? There are many items that may be trademarked, and an experienced attorney can assist us in determining which ones to include in the IP portfolio.
Conduct a thorough trademark search
Prior to submitting an application with the United States Patent and Trademark Office, or USPTO, a trademark search should always be undertaken. It’s performed to see if the trademark we want to register has already been claimed for or registered by someone else. Before we use our trademarks in any marketing and branding efforts, a skilled trademark attorney will do a thorough search. We won’t spend funds on trademark applications that are nearly guaranteed to be rejected, and we’ll be able to see possible conflicts before they become a major issue.
Creating a filing approach
Many clients would be unable to adopt the filing approach on their own since they do not deal with trademarks on a regular basis. After doing a thorough trademark search, our trademark attorney will begin drafting the application for the USPTO. Though filing with an attorney is not needed for U.S. citizens, it is strongly advised due to the numerous legal choices that must be taken along the procedure. A trademark attorney, on the other hand, would be able to advise a client on the best route to pursue.
Creating a trademark submission
A trademark application is a legal document, so keep that in mind. While the questions may appear trivial or simple at times, they usually demand a technical explanation in order for the government to approve any application. Trademark attorneys assist in the preparation of proper trademark applications that adhere to the USPTO’s technical standards. If we hire a trademark attorney to write it for us, we’ll have a better chance of getting it approved by the government than if we do it ourselves.
Reasons to Hire a Trademark Attorney
A corporation devotes a significant amount of work to developing its brand. Trademark law protects everything from the name to the packaging. Obtaining a trademark may be a challenging task. Many companies fail to take even the most fundamental procedures to guarantee that their brands are protected as much as possible under the law. Here are some of the most typical trademark blunders We see customers make on a regular basis.
The Lack of a Unique Trademark
The trademark of a corporation must be unique. Arbitrary, detailed, creative, general, and suggestive are the five distinct trademark types.
The USPTO will deny a trademark application that just describes a company’s products or services with descriptive language. Generic phrases, on the other hand, are not qualified for trademark protection since they relate to a broad category of products or services rather than a specific firm.
Selecting the Incorrect Trademark Class
On the trademark application form, a corporation must specify in detail the items or services to which its trademark will apply. Only these items or services will be covered by our trademark. These are separate trademark classifications, according to the USPTO, and if we simply file for collared shirts, our trademark will not cover shirts without collars.
While it may be enticing to put every possible product or service on the application, this is not permitted. Before the Trademark Office approves a trademark registration, each product or service included on the application must bear the company’s trademark.
Looking for Trademarks That Are Similar
The USPTO suggests examining its trademark filing database for exact or similar trademarks that have previously been registered, filed for, or are in use, including abandoned or cancelled trademark registrations.
Trademark law works on a priority system, with the corporation that uses the trademark initially owning it and later users being prioritized. If the trademark is already in use, failing to undertake a comprehensive search might have major ramifications.
Not Using the Trademark in Commercial Transactions
A corporation does not have to establish a trademark to preserve it; but, it must apply for one. A corporation must employ a trademark in commerce in connection with particular goods and services before registering for one. If a corporation refuses using a trademark in commerce before filing an application, it can file an Intent-to-Use application with the US Patent and Trademark Office, declaring its intention to use the trademark in commerce at a later date. The trademark registration procedure will not move forward unless and until a corporation starts utilizing the brand in commerce.
Failure to Protect Our Trademark
A federally registered trademark can last indefinitely as long as we maintain it and keep up with renewing obligations. It’s critical to utilize our mark consistently, just in the manner in which it appears on our application. If a company’s trademark will be used by many individuals, it’s a good idea to create a style guide defining how the trademarks should be used on goods, websites, and marketing materials to maintain consistency.
Working without the assistance of a trademark attorney
By nature, entrepreneurs take a do-it-yourself approach to company. This will undoubtedly assist us as we develop our service or product, design the storefront, and recruit personnel, but attempting to register a trademark on our own may end up costing us effort and expense in the long run. During the registration phase, numerous precise legal choices must be taken, from completing a trademark search to selecting the appropriate worldwide categories of products and services that the brand will represent. Working with a trademark attorney to acquire the widest possible protection for the brand is a good idea.
How to Pick the right Trademark Lawyer in Katy, Sugar Land and Houston
In this daunting, yet exhilarating, environment, every company owner is seeking for methods to move ahead of their competition. Fortunately, trademarking may be a powerful tool for legally safeguarding those concepts. A trademark attorney can assist us in determining whether or not other trademarks exist that might prohibit ours from being registered. It is critical to hire the correct trademark attorney for our company.
There’s a principal cause we’re seeking for a trademark lawyer in the first place. We recognize its necessity but lack the requisite knowledge to carry it out on our own. As a result, we decided to engage someone to handle that aspect of our business on our behalf. So now our main objective will be to select a trademark attorney with knowledge and expertise in the field.
We should not forget to look into the industries that the attorney is knowledgeable with. An attorney with expertise registering trademarks in a field comparable to ours will be able to describe your product or service more accurately in the trademark application.
A Better Option is to Hire a Licensed and Educated Attorney in Houston
Sometimes we may come across non-legal experts advertising their services when looking for an attorney. We have to do our self a favor and consider staying away from them. While employing a non-legal service may appear to be less expensive at first, it may wind up costing us significantly more in the long run.
A trademark attorney that is licensed to practice in our state can best assist us. He or she will be well-versed in trademark rules and will be able to offer sound legal advice on the hazards associated with the mark. It’s also a good idea to inquire about the attorney’s educational background.
Provides the attention that our application deserves
Avoid lawyers who gather applications and then distribute them to paralegals. This is why it’s not always a good idea to contact trademark attorneys through recommendations or advertising services. Such attorneys are prone to get overburdened with trademark demands, which they then delegate. Before choosing an attorney, be certain that he or she will be managing our registration. Even if the attorney will be collaborating with a paralegal, the lawyer must be able to promise that he or she will personally monitor each stage of the application process, including the preparation and review of the application prior to submission.
Find the Competent Lawyer Around Houston
Some individuals assume that engaging a trademark lawyer is prohibitively expensive. However, in most circumstances, not hiring one is more expensive in the long run. Make sure to get an attorney that is willing to work for clients when it comes to hiring an attorney. A trademark attorney’s duty isn’t only to acquire business a trademark; it’s also to examine all of the alternatives and provide recommendations that make the best sense for the company.
Abbasi Law Office has built a reputation for offering steadfast dedication to our clients in a caring, honest, and ethical way, while remaining attentive to each client’s individual personal needs, after many years of conducting successful trademark registration and managing cases.
To schedule a free consultation and case review with an experienced trademark attorney, by calling us at (281) 704 6612 or (281) 994 4238