Whether or not you need a trademark attorney depends on your requirements; nevertheless, ensuring sure your registration is done correctly the first time could save you time and money.
Registering a trademark can give you and your company substantial legal protection against anyone who try to copy your intellectual property. While hiring a lawyer to help with the trademark registration procedure isn’t required, it can help ensure that you get the protection you deserve without wasting time or money.
The answer is nearly always yes if you’re questioning if you even need a trademark. Consumers can be assured of the source of goods or services by registering a trademark for the phrases or symbols that distinguish your company. When customers see your logo on a product or service, they know exactly what they’re getting and from whom, which increases customer trust and loyalty. You get exclusive rights to use your trademark in commerce throughout the United States once you register it.
Do you need to hire an attorney to federally register a trademark?
No. An attorney is not required to file a trademark registration application with the United States Patent and Trademark Office (USPTO). If you can afford it, you should engage an attorney.
Registering a Trademark, Yourself
On its website, the United States Patent and Trademark Office (USPTO) offers a trademark application as well as instructions to guide applicants through the procedure. In some circumstances, registering a trademark is simple, and doing so on your own is unlikely to cause problems. There may be no need to retain a trademark attorney if your proposed symbol or mark is intrinsically unique and the type of products or services you are registering for is apparent, for example.
However, ensuring that your mark or symbol hasn’t previously been registered and isn’t too similar to an existing mark is a crucial element of the trademarking procedure, which may include a thorough check of currently registered marks. To ensure that your mark receives the protection you desire, make sure to register for trademark registration in the right class or classes of goods. There are 34 different types of goods and 11 different types of services, so there’s a lot of potential for error.
If you wish to sell t-shirts and mugs with your logo on them, you’ll need to register them in two different categories: “Clothing” for t-shirts and “Household Utensils” for mugs. A denied application and reapplication can cost you important time and money in non-refundable fees, so bear this in mind when deciding whether to hire a trademark lawyer in your situation.
Registering a Trademark Through an Attorney
A trademark attorney has several advantages versus going it alone, many of which are tied to the lawyer’s trademark knowledge and experience. While the registration process appears to be straightforward, you may benefit from having a skilled lawyer on your side to guide you through it.
A trademark lawyer can assist you with the following:
- Search for similar trademarks that could prevent yours from being registered or used in commerce.
- Interpret the results of such findings and advise you on how to proceed.
- Evaluate the strength of your proposed mark and help you develop a strong mark.
- Explain your rights concerning the registered mark and how to pursue infringement claims.
- Prepare and file the trademark application and follow it throughout the process should it require amendment.
- Follow up on the process, adhere to deadlines, check status, and respond to any further inquiries regarding the application.
After the trademark is registered, an attorney can assist you in enforcing your intellectual property rights in the trademark by monitoring and prosecuting infringement allegations. Again, you can do all these things yourself, but if you want an experienced professional to help you, hiring a trademark attorney is the way to go. In the end, your trademark is how people will know your company, and a trademark lawyer can assist you in ensuring that you are adequately protected. Using an attorney can help make the procedure go more easily and save you time and money in the long run, so it’s a worthwhile investment.