Do I Need a Trademark Lawyer to Register a Trademark
How Much Does It Cost to Protect Your Brand, But Trademarking is Actually One of the Most Vital Things That You Will Ever Do. A trademark will protect your brand name, and this will keep you distinctive from a business chain within the marketplace and will give you exclusive right to it. But if we talk about registering a trademark, then every businessman has something in mind: Do you need a trademark lawyer for registering a trademark? Now, today, in this article, we will walk you through the process and inform you whether you need or not a trademark lawyer to register a trademark.
What is a Trademark?
I shall now tell you what a trademark is so that you can judge yourself whether or not you would like an attorney to act for you in registering. A trademark is a sign, word, appearance, or combination of any one of them which instructs other people’s products or services to be unique from other peoples. It might be your name, logo, slogan, or even packaging. Trademarks are your brand name and assist you in controlling how your products or services become branded in the market.
Do You Need a Trademark Lawyer to Register a Trademark?
No, short answer is. You are not able to register a trademark through the services of a trademark attorney. Companies like having their trademark submitted personally directly by the means of doing whatever procedures are. Most countries, including the United States Patent and Trademark Office (USPTO) and the European Union Intellectual Property Office (EUIPO), have easy websites wherein you can submit the application personally directly.
But there are a few good reasons why it would be a good idea for you to be represented by a trademark attorney, especially if you have not done much business in the trademark system or if you want your trademark to be as strongly protected as possible.
Why You Might Need a Trademark Lawyer
Although it is not necessary to employ a trademark attorney, there are valid reasons why it would be wonderful to have one as part of your team. Below are some of the situations when it would be perfect to utilize a trademark attorney:
1. Trademark Search
It is advisable to search the trademark prior to filing so that your suggested mark is already being used. A trademark search will verify whether there is a registered similar mark which would be an issue. Trademark lawyers have improved search methods and understand how to do a proper search so as to have lowest possibility of trademark infringement.
Although all the trademark offices are computer listings you can read to determine whether the mark is available or not, it will be best if your attorney read to you what he finds. He will verify whether there’s any conflict and tell you whether your mark can be registered or not or you need to change your mark.
2. Trademark Classes
Trademarks are classifications based on goods and services to which they relate. Nice Classification system divides trademarks into 45 classes (34 of goods and 11 of services). Be very careful about your right class of your trademark because it determines the range of protection of your trademark. Your trademark class determines the range of protection of your trademark.
You would require the expertise of a trademark lawyer to choose the correct class or classes to ensure that your trademark covers all your goods or services included in your application. Misclassification might restrict your protection or expose your trademark to infringement.
3. Trademark Application Process
Registration of a trademark is a legal procedure to which earnest consideration will have to be given on your behalf. You would have to fill out the forms carefully, furnish supporting documents, and have your trademark aligned with the corresponding specifications of law. Trademark attorneys are aware of specialized forms and familiar with the specifications of law employed by every national patent and trademark office.
In the application, you’ll need to describe your trademark in detail, provide a specimen (such as a logo or product label), and explain how the trademark is being used. A lawyer will help ensure that your application is thorough and accurate, minimizing the risk of rejection or delays.
4. Legal Strategy and Protection
Law firm would help draft a protection plan for your mark by an attorney for trademarks. It would involve counselling you as to whether you’d register your mark in individual markets or countries or national and international registration or whether you’d need so-called ‘marks’ such as word forms of your name (company, logo, slogan).
Moreover, trademark lawyers will also advise on how to avoid future trademark conflicts and give information on how to enforce your trademark rights after registration.
5. Trademark Objections or Office Actions
If your application contains a flaw as indicated by the trademark office, you can expect to be sent an office action, or objection or explanation letter to your application. Your application, say, will be refused by the office since there is a similar already registered trademark with the office, your application lacks something, or your trademark will not differentiate itself.
A trademark attorney will negotiate office actions for you, smoothing out creases and getting you your best chance at successful registration of your mark. They are familiar with technical jargon and can move good argument on your behalf.
6. Trademark Infringement and Litigation
After you are registered, you will have to be vigilant against infringement in the market. Where another is using a mark that is quite similar or close to yours and is very likely to confuse the customers, then this is an infringement of a trademark. Even though there are some infringement cases that can be managed internally, you can outsource the trademark attorney services so that you will be involved in court cases, cease-and-desist letters, or even lawsuit depending on the case.
If there has been a dispute over your use or registration of a trademark, a lawyer will represent you before the courts or in opposition procedures so that your brand will be protected.
7. Protection of Trademarks Abroad
If you’re extending business to international markets, then a trademark attorney will help you register your trademark in international jurisdictions. Now with Madrid Protocol, in which you can file one application covering several jurisdictions, a trademark attorney can help you choose the best jurisdictions and place the renewals in all jurisdictions.
Can a Trademark be filed without Attorney?
Yes, you can very well apply for a trademark by yourself without a lawyer. The trademark offices also walk you through step by step and websites where you simply fill out the application. It could be if you are not that well-versed with the trademark law. Your errors will delay the process or make your trademark invalid.
If you are sure that you can do the registration yourself and you have done the right amount of research, then it is quite possible for you to do your trademark filing yourself. However, if you know nothing about anything that has to do with the registration process, then spending on it with a trademark attorney is well worth it so that you can possibly save money, time, and energy in the long run.
Conclusion
Although you don’t necessarily have to hire the services of a lawyer in order to get your trademark registered, having it registered by a professional essentially puts you in a better position for registration and enforcement of your trademark. A trademark attorney will walk you through trademark law do’s and don’ts, check over your application so that you make it right, and advise you adequately on how to get folks off your brand. Finally, whether or not you will need an attorney will be based on how much into your trademark is and whether or not you understand or do not understand how you register. Otherwise, you have to shell out some money so that a trademark lawyer can search.
FAQs
1.) How much would it cost to employ a trademark lawyer?
To employ a trademark lawyer would cost $500 to $2,000 depending on how complicated the trademark is and what attorney fee is, minus governmental fees to file.
2.) Do I need a lawyer to submit an application for a trademark?
You are also able to submit a trademark application yourself. There are those who design trademarks alone on websites of trademark offices, but it is not work for a beginner.
3.) If my trademark application is rejected?
If your trademark is rejected, appeal or reply, particularly if there is a minor issue. Refusal might be overcome by a trademark attorney and any barrier might be overcome.
4.) How long will it take to trademark register?
Trademark registration would take 6 months to 1 year depending on the jurisdiction and whether there is an office action or objections in the application.
5.) Do I register my trademark overseas?
If you are doing business worldwide, we recommend that you do register your trademark overseas. Your trademark can be registered in all the nations of the world under international filing under the management of a trademark attorney and Madrid Protocol.