How A Lawyer Can Help With Trademarks

Statistics have shown that there were 3,861 applications for registration of trademarks in 2014, in the United States and out of this number, only 3551 applications were registered. The remaining 310 applications were rejected due to the improper filing of the trademark application. Trademarks are symbols or words that can be used to describe a company or identify it.
p3
Why register a trademark?

  • Trademarks make it easier for clients of a brand to recognize the brand.
  • Trademarks have no expiry date; they can last a lifetime as long as they used in the commercial sector. Some brands have been in existence for over a hundred years, and their trademarks have continued to grow with the brand.
  • Trademarks protect the consumers and promote global economic growth.
  • Trademarks allow consumers to choose the brands that they prefer.
  • Trademarks instill confidence in consumers as they are assured of the quality of the brand they are purchasing.

p2

Why use a lawyer to process trademark applications?

Trademark applications may be handled by any individual who wishes to do so and has no qualifications, but there are cons of taking this decision. Some businesses may decide to minimize legal fees by filing trademark applications by themselves, but they are at risk of facing long-term damage. If you want to find out more about this topic don’t hesitate to contact patent lawyer.

When lawyers are not engaged in the application of trademarks, there are high risks of rejection from the trademark office due to failure to abide by certain statutory provisions. In the end, the companies end up paying lawyers to refile these applications.

People often believe that trademark applications are simpler, and therefore, it can be processed smoothly, and this belief is true when it is compared with the filing of a patent application. However, it becomes complicated when the procedures are not followed completely. For example, there is a statutory filing basis and specimen which must be filed according to certain procedures and at a particular time. These processes are usually checked by a trademark examining attorney at the trademarks office, but the job of the attorney, in this case, is not to correct the filed application, they can only make a suggestion.

Also, there are certain rules and regulations which govern trademarks which cannot be understood by anyone without legal training. All trademarks have different areas of application; some cannot be registered if they have not been used in interstate commerce. If a lawsuit should arise from a trademark registered against the above provision, the defaulting party will be liable for damages. This is because, the records are not checked, and rather, only conflicting records are required to prove liability.

An improperly filed application for trademark will be subject to cancelation and all fees paid for the process will be invalidated. Also, lawsuits can arise where proper research is not done before taking steps to apply for a trademark, and this can cost the business a fortune in legal fees and damages. A company should hire a lawyer who is trained and can correctly interpret the provision of the law and apply them accordingly to avoid these unnecessary situations. This action will save the company both time and money which would have been used to refile or settle legal fees in a lawsuit.

Share