6 Things Your Trademark Attorney Does For You
Having your business trademarked is one of the most important things you can do for your ideas. It protects replication or counterfeiting of your products or services and also gives you exclusive rights over ownership of the product.
As a source identifier, the trademark signifies the origin of that particular good or service. Getting the trademark isn’t a one month, or a week’s process. It is a lengthy process that takes at least 18 months before the registration is completed. Therefore, you will need a proficient attorney for the process to be completed in time and professionally. An attorney will offer the following services:
1. Name search
Before the name is trademarked, the potential name has to be searched against already registered or trademarked names. The search is done at the U.S Trademark Office and since you cannot get into these offices easily, it is important to hire a lawyer who understands copyright and trademark law so as to undertake the name search fast. Trademark searches are fast with professionals helping you.
As aforementioned, the trademark registration process is lengthy and you may easily run out of patience when running things on your own. Registration begins when you fill out the application form. Contrary to common knowledge, the rights given are based on the use of the business name rather than the registration of a dormant name. This also means that you will have the rights over a trademark even when the application is pending whether the registration process is finalized or not.
3. Maintenance and renewal
A trademark is an important part of business and besides giving you exclusive benefits, the trademark is also your ticket against counterfeiting. Upon registration, you will be required by law to maintain the name and pay annual renewal fees. This also means constantly checking the records to ensure that no one else is using your business name. This is better done by an experienced lawyer.
4. Licensing agreements
You need a lawyer to be able to get legal licensing agreements. An experienced lawyer specializing in business law is in a position to advise you on the best course of action and also whether you should sign the agreements or not. By reading some of the confusing clauses in the legally binding documents, you are assured that you are making the right decision and therefore, you are in a position to consent to the right thing.
5. Opposition and Cancellation
Do you need to oppose a trademark or apply for cancellation of the trademark? If you do, then you need the best San Diego attorneys by your side. The attorney will be able to deal with any constraints of the U.S Patent and Trade Offices yielding the expected results expeditiously.
6. Infringement litigation
You definitely need a business law attorney if your trademarked name is used by another entity illegally. This will help you to get the right settlement in fees and punitive damages. You are entitled to profits made by the party using your name illegally and an attorney will help you in getting the money.
In conclusion, the process of obtaining a trademark over your products or even services can be lengthy if not complicated and you need a professional to be able to get through the registration, renewal, maintenance, or cancellation processes.