April 6th, 2012
The first thing you need to know is if what you need is really a trademark, patent or copyright. Each one protects your intellectual property but they are specific to certain things. You need to know the difference before registering a trademark only to find out you should of filed for copyright. It is not required to hire a trademark lawyer but it can be very helpful. They can help you avoid many of the problems that people run into because they are uneducated in the ways of trademark law. When you file for trademark you need to know what mark you want to register, services and goods connected with this mark and whether you use the mark now or just plan to use it in the future. You should search the USPTO database to make sure your not trying to trademark something already done. When you have made sure of this you may file your application on the uspto.gov site and cross your fingers.
It is very simple to access a few government websites and do your own Trademark Search. It is absolutely crucial to understand that these sites are only representing information in the federal government’s database and that trademarks are registered on both the federal and state levels. So while a trademark may not have been filed with the federal government, that doesn’t necessarily mean it’s available. For this and other complicated reasons, it is most wise to conduct a basic search on the government’s trademark and patent websites, and then go directly to a trademark attorney for help with the rest of the dirty work that needs to be done. The laws are complex and the fees are strict, and trying to do it yourself will likely end up costing way more time and money by the time everything is said and done. Some things are better left to the pros, and trademarks are one.
April 6th, 2012
If a business owner wants to protect their business’ name and logo, they should apply for a trademark. Business owners all over the country and abroad should know how trademarks work before they start up a new business venture. This information is essential if the company wants to use a specific name and logo for their company and they do not want another company earning money off of their name. In some situations, companies have been sued because of using a registered trademark. As these events occur, business owners can contact trademark attorney to handle their cases. Since this type of attorney is knowledgeable about the case law and legislation that surrounds trademarks and they are able to help their clients with defending them when it is necessary. For those who are interested in becoming a trademark attorney, there are no additional bar exams required. However, there are additional preparatory actions that should be completed in order to provide competent representation to a client.
At the start-up of a new business venture, the owner is responsible for making sure the business is protected from different kinds of legal issues. They are also responsible for ensuring the company’s name and logo cannot be used by any other company or individual that may decide to steal their original ideas. Therefore, the new owner may want to solicit the assistance and advice from trademark attorneys. This type of attorney specializes in trademark laws, procedures and guidelines and they know the required legal guidelines that must be followed including the application process. They can also assist with completing the application and making sure no other company has the name or the logo that the company is considering. By using the proper legal channel, the new owner does not have to be concerned about being sued by another company or agency that has the same logo or name.