Why Trademark Lawyers Are Important To Your Business

Inform You Why Trademarks Are Important

One reason why a lawyer specialized in the field of trademarks is important to your business is due to the fact that trademarks themselves are an essential part of any business. Acting as an effective communication tool, trademarks have the ability to portray any attributes or messages about you, your business, and the reputation, products, and services of the business. However, a trademark does not need to be a word or phrase, it can be a design that allows for it to be recognized much more easily. Having a business that is distinguishable from its competitors is a great way to ease the market for customers to find you. For example, when you see some article of clothing with a VS or pink on it, you automatically think of Victoria’s Secret or its counterpart, pink. The brand, often associated with the trademark, is typically a critical factor in the customer’s decision of whether or not they choose to purchase something. The reason for why this occurs is because immediately recognizing a trademark allows them to know who your business is, the reputation of it, and the satisfaction of previous customers who they know have purchased products from you. With a lawyer, they can inform you of how trademarks work and guide you through whatever steps you decide to take.

Prepare You For The Application Process

Actually preparing the application to register your trademark is not always the simplest process due to the fact that you have to extensive research before applying to determine if someone else already owns the rights to the trademark you want to register. It is not enough to use the USPTO’S Trademark Electronic Search System to try and see if someone has already registered a trademark similar to yours as a result of other trademark owners having these rights but not having it federally registered. This means that although they own the rights to the trademark, it is simply not registered within the federal database and this can prevent you from using your mark. A trademark lawyer will be able to conduct this extensive research for you and analyze the information they find so that they can then tell you whether or not they think you should move forward with the application. If you do, in fact, decide to move forward with the application, it must be specified what the “basis” is for filing. The basis is the reason for why you want protection of the trademark and how it will be used (ex: “use in commerce” or “intent to use”). An attorney can assist you with determining what basis you should specify within your application and if there are any other forms or fees you will need to submit based on what you say is your basis.

Help With The Actual Application

As a business owner, you are most likely very busy and have a long list of responsibilities you must handle so adding another one may seem like a huge hassle. However, that is a benefit to working with an attorney. Hiring an attorney means that you have another person who is experienced with the application process and knows exactly what must be done so that it is okay if you do not know everything about what you must do. There are multiple things that can impact your ability to obtain rights and, therefore, hurt your trademark’s rights. A few of the things that play a big influence on your application include determining the best way to describe what goods/services you will be providing and preparing to register any refusal that an examining lawyer may issue while in the midst of your process. Not only can a lawyer help you with the application process, they can also help to monitor the status of your application. By choosing not to hire an attorney, it becomes your duty to ensure that you monitor your status on a regular basis in order to guarantee that all of the documents sent to or sent by the USPTO are handled in a timely manner. If it is not, it can affect the rights of the trademark you are attempting to obtain.

Police And Enforce Trademark Rights

Detecting trademark infringement early on is an extremely critical thing in order to ensure that your rights are maintained. Failure to defend the trademark and its rights properly against those who have infringed on the trademark can diminish the strength of it and may even result in cancellation of your registration. Many business owners are simply too busy managing their business to spend time monitoring for situations where their trademark has been infringed upon but a lawyer, they can help to monitor and enforce the rights you have for your trademark. For example, the Trademark lawyers at Allen, Dyer, Doppelt, + Gilchrist, PA are extremely experienced when it comes to ensuring that their client’s trademark rights are enforced and protected. All in all, having an attorney assist you with the world of trademarks can significantly improve your business.

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