Once a brand is established, it is the company’s job to guarantee that no competitor can infringe upon business names, logos, or other elements considered trademarks. Registering a trademark is fundamental to shield this valuable asset against potential cases of infringement.
Is an attorney required to file a trademark in the United States? Read on to find out.
Do I Need an Attorney to File a Trademark in US? – An Honest Answer
Considering how competitive the US market has been for new businesses, establishing a robust brand is certainly not an easy task. The best way to protect a business trademark is to register it with the United States Patent and Trademark Office (USPTO).
Trademark rights come from their use in business, but USPTO registration is the ideal protective measure. Even though it is possible to register a trademark at the state level, federally registered trademarks enjoy superior protection.
US law does not require trademark applicants to hire an attorney to conduct the application process. However, it is worth noting that registering a trademark with the USPTO has several complexities involved in the process.
Depending on the applicant’s circumstances, applying for a federal trademark will likely result in a lengthy and costly experience without proper legal advice.
The Benefits of Hiring an Attorney for US Trademark Registration
The primary reason to work with an attorney to go through the trademark registration process at USPTO is to guarantee you will have someone with the required legal knowledge to navigate it.
No matter how many articles you read about US trademark law, dealing with trademark applications often requires a superior level of expertise. A well-versed trademark lawyer will ensure a full understanding of the issues involved, as well as handle some procedures to save your precious time.
Even though most of the application process can be done at the USPTO website, there are several pitfalls that only a seasoned legal advisor can identify before it is too late.
An often overlooked aspect of USPTO registration is the trademark search. This procedure ensures that the applicant’s mark was not already taken or has a “likelihood of confusion” with other existing marks.
After proceeding with a full trademark search, a trademark lawyer will identify the best way to proceed depending on the search results. When it is time to fill out the application forms, an attorney can help by:
- Identifying the ideal forms for the applicant’s circumstances
- Drafting a proper description of goods and services
- Determining which classes suit the applicant’s marks
If a trademark application is filed correctly from the beginning, it is unlikely that USPTO will refuse the application. In case the application was already refused for any reason, an attorney can file a response on the applicant’s behalf and appeal the decision (if applicable).
From the selection of appropriate trademarks to the optimization of trademark use on goods and services, an expert trademark attorney is crucial to ensure a successful outcome on USPTO registration.
Waste no Time with Uncertainty – An Experienced Trademark Attorney Wants to Help You
With years of experience helping trademark owners to protect their brands, Attorney Romy B. Jurado is willing to help you as well. Contact us by calling (305) 921-0976 or emailing [email protected] to schedule a consultation.