For any business looking to establish and grow a brand, creating a recognizable trademark can be one of the most crucial parts of the process. While it may seem relatively simple, the procedure for seeking trademark approval can be incredibly complicated and usually requires professional legal guidance.
to take up the task on your own may result in greater expense later on, so hiring an attorney who is experienced in the field of trademarks can be of great value.
Preparing a Trademark Application
In today’s increasingly competitive world, trademarking one’s brand has become an indispensable act in conducting business. While general business attorneys focus on corporate law and the regulations by which companies must abide, a trademark attorney can help a business legally protect its name and branding across all media. A qualified attorney will have the skills necessary to help clients secure trademark registration with little hassle.
Trademarking can be a complicated area of intellectual property law, so it is best left to the professionals to handle. Although many business owners are lured by the cost-saving notion that they can do it on their own, making even the smallest mistakes during the trademark registration process can lead to even more expensive problems down the line.
Journey Through the Trademark Clearance Search
In most cases, after coming up with a name or mark that you believe perfectly suits your business, the very first step toward registering the trademark is performing a comprehensive trademark search. This is the process by which you would diligently research whether any similar names have already been trademarked, especially within the same industry, which can be highly confusing for customers in the marketplace and lead to legal hassles later.
There are many do-it-yourself websites to perform trademark name searches, but doing it on your own could end up in disaster. It is generally best to leave the job in a competent trademark attorney’s hands to avoid any mistakes, because applying for a trademark that is too similar to someone else’s will lead to rejection by the U.S. Patent and Trademark Office (USPTO).
A qualified attorney has the tools necessary to conduct a more comprehensive search that goes beyond simply identifying the exact wording that you seek to trademark. A trademark attorney has the ability to identify whether any kind of business exists that uses the same name, slogan, or logo.
After determining that the trademark you wish to protect is unique, your lawyer can proceed with the USPTO application process. However, upon finding any similar matches or trademark usage, your attorney may be able to assist you with suggestions on how to adjust your name to comply with trademark laws.
International Trademark Registration
When a business seeks to protect its brand worldwide, perhaps one of the more important parts of the trademarking process is determining the trademark’s international class so it can be used worldwide. The process can be difficult to navigate because there currently are 45 international classes, and applying improperly or for the wrong one can result in denials and dismissals.
An attorney with extensive knowledge regarding trademark law will be able to provide the necessary guidance that can help you determine for which international class to register.
If the USPTO raises a question about your trademark application or requires further information, it will instigate an office action. An office action may be a simple request to amend a trademark application, or it could be a notification of a trademark application rejection. Also, it is important to remember that a trademark examiner may change your trademark’s status to abandoned if you delay in meeting the required deadlines or fail to adequately address the issue presented within the office action.
A trademark lawyer can handle these tasks without trouble, and this is why hiring one can give you the ultimate peace of mind throughout the trademark protection process.
Monitoring Your Trademark Usage
While the USPTO is the governmental body responsible for overseeing the trademark registration procedures, the agency is not responsible for monitoring your trademark usage in the market or reviewing for infringing use. These tasks are the responsibility of the trademark owner that has built the brand. Because monitoring the market for potentially infringing use of your trademark is a burdensome task, especially for businesses that are exponentially growing their brands, working with an attorney who can monitor on your behalf is important.
They can alert you to any potentially infringing uses and instruct you on the best way to defend your valuable intellectual property. Finding a skilled Trademark Lawyer in New York can be simple if you contact The Hollywood Lawyer. Schedule a free initial consultation with our lawyers to discuss your concerns.