Reasons You Might Need a Trademark Attorney

We’ve talked before about what to look for in a trademark attorney, but why might you want to hire one in the first place? What are the conditions under which you might need a trademark attorney, anyway?

A good trademark attorney can actually do a great deal for you and your brand. By way of example, here are 6 reasons you could need this particular brand of legal services.

Reason 1): To Avoid Trademark Infringement

You have a great business concept, and a great name to go with it.

Now you need to make sure your proposed trademark isn’t identical to, or easily confused with, one that is already there. If it is, of course, this would be known as trademark infringement.

This is a bigger problem than you might realize, given the sheer number of trademarks out there, each zealously guarded by their rights-holders.

The long and the short of it is that if your trademark presents a likelihood of confusion with another trademark, you’re likely to have a problem.

Since no one likes legal hassles and the expenses that come with them, you’re far better off simply hiring legal counsel up front to cover your bases.

Reason 2): To Protect Your Brand

Not only do you need to establish that you are not infringing on anyone else’s trademark, you need to set up your own in such a way as to minimize the chances that anyone else will infringe on yours.

In other words, you need to protect your brand, and a trademark lawyer can help you to do this by analyzing the strengths and weaknesses of your trademark and devising a long-term plan to protect it.

Your brand is your intellectual property, and you have a vested interest in making sure that other people do not benefit from it at your expense. Setting up something that will be difficult for others to inadvertently compromise through imitation later will help you to stand out and stay unique and fresh.

Reason 3): Filing a Trademark Application

Submitting a trademark application is easy enough in principle, but the devil is in the details: if you make a mistake when you’re filling it out, you’ll either be stuck with it or have a great deal of hassle to undo it later.

A trademark attorney will understand the ins and outs of the process, making the whole thing far easier and guaranteeing accuracy. Since mistakes during this phase can be expensive and tricky, it’s definitely a good idea to get legal assistance and save yourself possible issues later.

Reason 4): In Case Your Trademark is Refused

Quick, what will you do if your trademark application is refused? This is entirely possible, and happens on a fairly regular basis to some people.

A good trademark lawyer will certainly minimize the chances of your trademark being refused.

If you’re finding yourself with a refused trademark, it’s likely that the United States Patent and Trademark Office (USPTO) decided that there was too high a likelihood of confusion between your proposed trademark and some other trademark.

Alternatively, it’s possible the USPTO deemed your trademark to be merely descriptive, or deceptively mis-descriptive. Sometimes trademarks are refused for being primarily only a surname.

Whatever the case, if you’re having this issue, it’s a very good idea to get a trademark attorney on board.

Your attorney may be able to argue the case and get the trademark approved after all; alternatively, they may advise going with a different trademark. Either way, you’ll have less frustration to deal with, and your time will be better spent.

Reason 5): To Handle the Back-and-Forth

If you’ve never filed an application for a trademark before, you may be inclined to think of it in terms of completing an application, submitting it, and then receiving back either a yes or a no.

The truth is, registering a trademark quite often requires a fair bit of back-and-forth with the USPTO. This means dealing with requests for information – not only understanding them, but also taking the action required.

Bringing in an attorney streamlines the entire process, eliminating the headache and the hassle. Your trademark attorney will consider it their job to stay on top of the back-and-forth, because it will be. They’ll know how to talk to the USPTO.

Reason 6): Because the Trademark Office is Not Your Watchdog

If you find someone else using your trademark, you will want to take the appropriate legal action to protect your intellectual property.

Note the operative word there: if you find someone else, then you will want to take the appropriate action.

The USPTO is not your watchdog. It will not proactively scout for violations of your intellectual property rights and then take the appropriate action. This is another reason to hire a trademark lawyer to protect your property.