What Does a Trademark Attorney Do

A trade mark is a unique identifier for products or services, and its owner has the right to use it.

Trade marks encompass names, slogans, designs, packaging, domain names, and symbols.

Protecting these valuable assets is vital, and that’s where trade marks attorneys come in.

Trade marks attorneys are professionals qualified to provide expert guidance on trade mark-related issues.

They don’t necessarily need a legal background, but they must pass rigorous exams and adhere to a strict code of conduct.

Registered trade marks attorneys must also engage in ongoing professional education.

A good trade marks attorney aims to avoid litigation, which can be costly and time-consuming. If legal action becomes necessary, however, they cannot represent clients in court.

What Does a Trademark Attorney Do
What Does a Trademark Attorney Do. Source (Indeed)

A trade marks attorney can help with:

Identifying Your Companies Trademarks

A trademark attorney can assist in identifying and registering your company’s trademarks.

This includes not only your company name, slogan, and logo but also individual product and service names, seminars, and product packaging.

They help determine what should be added to your intellectual property portfolio.

Conducting proper trademark searches

A good trademark attorney can conduct thorough trademark searches before you adopt them for your branding.

This prevents wasting money on trademark applications that may be rejected and helps identify potential conflicts early on.

Developing a proper filing strategy.

A good attorney can help you develop a filing strategy for your trademarks.

For instance, they can advise against bundling your name, logo, and slogan as a single trademark, like Nike does.

Separately filing these elements offers greater protection, ensuring one change won’t affect the others.

A trademark attorney’s expertise is essential for developing the right strategy.

Drafting your trademark application.

Trademark attorneys ensure proper trademark applications meet the USPTO’s technical requirements.

These applications are legal documents, and a technical response is often necessary for approval.

Studies show a nearly 50% higher acceptance rate for applications filed with an attorney compared to self-drafted ones.

Responding to Office Actions and refusals

Trademark attorneys assist with office actions or refusals, addressing potential conflicts and exploring options like drafting appeals, crafting arguments, or canceling conflicting trademarks to ensure your trademark application proceeds smoothly.

Trademark attorneys provide specialized advice on trademark law, including matters that intersect with copyright and commercial law.

They help businesses protect their intellectual property, mitigate trademark infringements, and seize opportunities to prevent commercial losses.