Protecting Your Intellectual Property - Trademark Attorney
Protecting Your Intellectual Property - Trademark Attorney
By Business Editor
It's not hard to get a registered trademark, especially if you have a trademark attorney who can take care of the various responsibilities involved ...
Consider this: all big businesses employ lawyers. Why? Well, one of the main reasons that companies employ lawyers is because they are aware that wherever there is money, especially big money, there is also the potential for litigation. Why bother wasting time and resources trying to sue someone who is completely broke? Just look at some of the companies who seem to always be in the news fighting litigation battles: Google, Microsoft, Bank of America, Home Depot, etc ...
Being ignorant of the law is no excuse for not being able to sue or be sued. This is why you should incorporate legal expenses in your business planning and financial analises, regardless of the size of your business. If your business is slowly climbing the stairs of success, then you'd better hire an attorney.
Do you or does your business own any intellectual property? If so, then you may already possess a valuable and fundamental asset. This means that your asset may also already be at risk if you don't learn how to protect it. A trademark is a vital asset that will distinguish your business from other competitors and help you stand out in the market. Make sure that you have a good one because having a not-so-good trademark can blunt all your marketing efforts and entangle your business in legal disputes.
If you don’t have a registered trademark, fill out an application form soon and file it online. While your application is in the interim, i.e. pending approval, you can use SM or TM to let other people and businesses know that you intend to use such a mark once your application is approved.
From the very start, it is highly recommended that you employ the services of an attorney. He or she can help you decide the best business entity for you to trade under and guide you through the process of starting it. All legal matters and requirements like permits and licenses are handled by your attorney, so you can be confident that you're doing a legal business. One of the most important reasons for having an attorney is that you will need his or her expertise when you file for a trademark registration.
According to the trademark law, the key is to be first in the use of such a mark. Imagine running a business for quite some time without a registered trademark. Then, one day, a bigger company moves into your local area and you discover that this company was already using the same or similar trademark or name in their interstate business and commerce ventures. If this was to happen, you would be required to change your signage and your goodwill would be disrupted together with the brand name you've been working hard all this time to build. Your credibility would be in question and your customers would be confused. All this because you did not bother having a registered trademark.
It's not hard to get a registered trademark, especially if you have a trademark attorney who can take care of the various responsibilities involved. This includes:
advising on selection and adoption of new and original trademarks
filing applications for a registered trademark
prosecuting applications
advising on trademark registrations and its use
handling trademark revocations, oppositions, assignments, and invalidations
advising on matters of trademark infringement
Trademarks fall under the law on intellectual property, and if you're planning to obtain a trademark, it would be best to consult a competent trademark attorney. He or she is the right person to help you in making a proper trademark application.
Make sure that you find an attorney who is right for your situation. Having your own trademark attorney will give your trademark application an edge over other applications because more than anyone else, your attorney has far-reaching knowledge of the procedures and the trademark law. Your attorney can give you the right advice on the aspects of trademark filing and services.
When choosing your trademark slogan or product name, make sure that you also consult your attorney. He or she would likely suggest getting a trademark report first. By searching the internet and the site of USPTO, you can obtain a report of existing trademarks. If you have any questions about the cost of registering trademarks and the registration procedures, your attorney can counsel you on such matters.
If you have a trademark attorney, you can handle almost any legal business situation, including common scenarios like receiving letters such as a "cease and desist" notice. This happens when another party believes that you have infringed their trademark. With an attorney, you can get the right assistance and resolve the situation quickly and inexpensively.
Finally, you need to be very careful when choosing a trademark attorney. Don’t just pick any recommended attorney from an advertising or referral service. Chances are these persons are not that capable, and may have little knowledge or experience. This is also true in the case of advertising, where many lawyers provide impersonal services. Choose an attorney that you feel will give you individual attention to trademark matters pertaining to your business, who is licensed or registered, and who observes professional ethics. If you can find one with these qualifications and qualities, then you can be confident that your trademark application will most likely be approved.
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Recommended Trademarking Resources
A Trademark Guide for Entrepreneurs- A Trademark Guide for Entrepreneurs provides the information business executives need to know about protecting their most valuable assets - their trade names, trademarks and service marks. In easy-to-follow language, Robert E. Lee explains how to register trademarks and trade names with both state and federal offices, police the marketplace for possible infringers and successfully exploit the marks through assignments, licenses, franchises and joint ventures. Most importantly, A Trademark Guide for Entrepreneurs teaches the corporate officer, director or manager how to select and use effective trademarks that will stand out in over-crowded market areas, thereby increasing market share and profit potential.
For more information about Trademarking-related resources, see our Business resources section, subscribe to our Business Newsletter containing news, updates and insider tips, or go to more articles about Trademark Attorney.
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