Why You Should Use A Trademark Specialist

What a Private Attorney Could Do to Help Avoid Potential Pitfalls

Filing a trademark application at the USPTO starts a legal proceeding. Most applicants hire an attorney who specializes in trademark matters to represent them in the application process and provide legal advice. While a USPTO trademark examining attorney will try to help you through the process even if you do not hire a lawyer, no USPTO attorney may give you legal advice.

"A brand for a company is like a reputation for a person. You earn reputation by trying to do hard things well." - Jeff Bezos, founder of Amazon.com

A private trademark attorney can help you before, during, and after the trademark application process, including policing and enforcing any trademark registration that may issue. While you are not required to have an attorney, an attorney may save you from future costly legal problems by conducting a comprehensive search of federal registrations, state registrations, and "common law" unregistered trademarks before you file your application. Comprehensive searches are important because other trademark owners may have protected legal rights in trademarks similar to yours that are not federally registered. Therefore, those trademarks will not appear in the USPTO's Trademark Electronic Search System (TESS) database but could still ultimately prevent your use of your mark. In addition, trademark lawyers can help you during the application process with several things that could seriously impact your trademark rights, such as determining the best way to describe your goods and services and preparing responses to refusals to register that an examining attorney may issue. Finally, a private attorney can also assist in the policing and enforcement of your trademark rights. The USPTO only registers trademarks. You as the trademark owner are responsible for any enforcement.

Obtain The Legal Help You Need

A lawyer at Schwartz Law Firm, P.C., can help you successfully navigate the trademark registration process. Call our Charlotte, North Carolina, law office at 704-325-6099 or contact us online.

Source: The United States Patent and Trademark Office.