20 Reasons You Need a Trademark Attorney Today
According to the subject matter experts over at runrex.com, having a registered trademark, which is a word, phrase, symbol, or design that identifies and distinguishes your brand and prevents someone else from trying to capitalize on the great reputation you have worked hard to build, is extremely valuable. If you are considering registering one with the USPTO, and are wondering if you should go it alone or hire a trademark attorney, then here are 20 reasons why you need a trademark attorney today.
To know if your mark is trademarkable
As is covered over at guttulus.com, certain criteria need to be met for you to register a logo, slogan, or business name with the USPTO. This means that if your proposed mark doesn’t meet these criteria, then it won’t be eligible for registration. A trademark attorney will analyze your intended mark and tell you if it is trademarkable, stopping you from investing significant capital on one that isn’t.
Help conduct an expert trademark search
While there are resources out there that will enable you to conduct a trademark search, as discussed over at runrex.com, these services don’t provide the one-on-one legal analysis of the results and the factors at play as would be the case if you sought the help of a trademark attorney for your search. A trademark attorney will conduct a proper analysis of the search results for increased chances of success as far as the application process is concerned.
Saves you money
While it may seem like you are saving money when filing a trademark application by yourself, where you will only pay USPTO filing fees if the USPTO rejects your application, then you will end up not saving money; rather you will have wasted it. A trademark attorney, as outlined over at guttulus.com, increases the chances of being successful with your application and may save you money in the end.
To ensure that you abide by all the requirements
The USPTO also has very strict and specific requirements when it comes to filing a trademark application, particularly on the information you need to provide. A trademark attorney has an intimate knowledge of all these requirements and will ensure that you are covered as far as this is concerned.
Help you choose the right protection
Without a trademark attorney, your main aim will probably only be to get a trademark registered rather than ensuring that you get the right kind of protection. A trademark attorney, on the other hand, will take time to understand your brand as well as having the knowledge required for fool-proof protection of your brand.
Increase the chances of success
According to the subject matter experts over at runrex.com, marks filed without a trademark attorney only have a publication rate of about 60%, a figure that jumps to over 80% when applications are filed by trademark attorneys. Therefore, for an increased chance of publication, you should hire a trademark attorney.
Help with drafting itself
As is explained over at guttulus.com, drafting your application correctly is just as crucial as conducting a thorough search and analysis of your mark. A trademark attorney will help you with the proper drafting of the application to ensure that you are not exposed to both rejections by the USPTO as well as risks to your business down the road.
Help in identifying the correct class of goods
From discussions over at runrex.com, there are 45 different classes of goods as far as trademark applications are concerned, with 34 of them falling under the Goods section, and 11 under the Services section. It is, therefore, very easy to confuse these classes which can lead to the rejection of an application. A trademark attorney has got the expertise and experience to help you pick out the correct class for your mark.
Ensure that you use the correct language
Given that the language used in a trademark application sets rights for the mark as we advance, it is important to hire a trademark attorney as they will craft the application’s language in a manner that ensures that the application is accepted and that the rights are as broad as possible for the best possible protection.
Allow you to focus on your business
Hiring a trademark attorney will free you up to focus on the development of your business while you let them take over the application process of your mark. This will free you up to handle other aspects of your business, helping with the efficient use of your time.
Help avoid potential conflicts
A trademark attorney can also help you avoid potential conflicts with other trademark owners as per the experts over at guttulus.com. They will be able to research and discover any trademark infringements, and if they find any, they will be able to legally settle the case to save you from any further damage.
Help with federal registration
Also, as explained over at runrex.com, if you have been using a trademark for a while, a good and experienced trademark attorney can guide you in case they feel like your business would benefit from federal registration. If you decide to go for one, a trademark attorney will help you through the entire process.
Help to enforce your trademark
In addition to helping you register your trademark; a trademark attorney can also help you enforce it as covered over at guttulus.com. This is important as it will ensure that you have protection in case someone infringes on your rights.
Defends you in case of a cease and desist letter
On the flip side, a trademark attorney can also help you if you get a cease and desist letter. These letters are usually the first step towards litigation and would mean you have to stop using your trade or service mark in the event of any trademark infringement claim made by another party.
To avoid rebranding
Yet another reason why you should hire a trademark attorney is to avoid the potential cost of rebranding in the future. This is important as prevention is always better than cure, and if you want to avoid having to rebrand in the future, then you should take no chances and hire a trademark attorney.
To ensure that you meet all the deadlines
As is explained over at runrex.com, in the US, a trademark owner needs to renew the registration within 6 years of the initial registration and every 10 years thereafter. A trademark attorney will ensure that you meet all these deadlines and that your trademark remains valid as a result.
They are up-to-date with all the latest developments
As the experts over at guttulus.com are quick to point out, trademark attorneys are required to be up-to-date with all the current developments as far as IP law is concerned, and while you may not know the latest changes on the same, a trademark attorney will have no such problems, which is why you need one.
Access to crucial legal advice
On top of helping you with the application process for your trademark as well as enforcing it, as explained over at runrex.com, working with a good and experienced trademark attorney will give you access to crucial legal advice which will ensure that you are taking all the necessary steps to protect your brand.
Help with expansion
While it is possible to go it alone and register a trademark in a certain classification of goods or services, you also need to consider what will happen if you want to expand your services down the road and apply for trademarks in other business areas in the future. A trademark attorney will help you analyze long-term expansion goals and ensure that you avoid potential pitfalls as far as your potential mark is concerned in this regard.
Ensures that you are sure and secure
Having a trademark attorney file your application will provide you with a sense of surety, security, and perfection in your application. You will, therefore, not have to worry about the application being filed incorrectly or any repercussions of the same later on down the road.
These are just some of the reasons why you need a trademark attorney today, with more on this extensive topic to be found over at the excellent runrex.com and guttulus.com.