Sunday, 18 December 2011

0 Trademark Lawyer's Role in Trademark Registration

Trademark is the unique identity of a source that provides any product or service. This is important especially when there are many other business entities providing the same types of product or service. Any symbol, design, word, phrase or a combination of one or more of them may make a trademark that identifies your business as the source of a particular good or service.

There are two types of rights in the trademark, the right to use and the right to register. If your business has started using a particular trademark in the business world or have filed an application with the United States Patent and Trademark Office (USPTO), then you have acquired the ‘right to register' for the trademark.

The right to use is a little complicated right. Judicial decision is required to decide the authenticated party, to use the trademark in commercial use. Such a scenario may be described when two or more parties have started using the trademark for their businesses without knowing about any other usage of the mark. Also, if none of the parties have registered the mark in their name, then court would decide who is authorized to use the mark and also issue an injunction to other parties.

Role of Trademark Attorney in Trademark Registration

  • Your trademark lawyer should carry out the trademark research and discuss its results with you. Next thing that he should do is to counsel you about the types of trademark to opt and the cost involved in it. He should come up with an ideal proposed mark for the business.

  • Your trademark attorney should file the trademark registration application and pay attention to fulfill every requirement prescribed by the trademark law. Approval of the registration application depends a lot on how well it is drafted.

  • Your attorney should be able to answer the queries and objections of trademark lawyer of the USPTO. He is responsible to write briefs to answer the initial objections for the USPTO's trademark lawyer.

  • In all, a trademark attorney has to manage the trademark registration procedure. He should also guide you about how to handle trademark related problems such as receiving a cease and desist letter. He should provide you any trademark assistance required.
Trademark attorneys, are the specialized types of lawyers, who use their extensive knowledge of the trademark laws to register trademarks for the client businesses and also to resolve the trademark related problems.


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