Congratulations! You provide a service or have a product and now you’re ready to protect your brand. You’ve heard people mention to you that you should trademark your brand but you’re not exactly sure what protection the trademark will give you and what even qualifies as a trademark. That uncertainty is a critical reason why you should hire a trademark attorney.
Although a trademark attorney is not required, the USPTO recommends you hire a trademark attorney. The USPTO Trademark Examining Attorneys are helpful. I should know because I worked at the USPTO as a Trademark Examining Attorney. However, the Trademark Examining Attorneys work for the USPTO and not you!
A trademark attorney provides legal advice regarding use of the trademark, filing an application, and the likelihood of success in the registration process. A trademark attorney can help you to fully understand your options. All applications don’t proceed to registration! This means there is a chance that you could file an application and run into problems that could have been avoided had a qualified attorney worked with you. Some issues require you re-file your entire application.
I often speak to entrepreneurs who proudly profess that they have registered their trademark on their own. That’s great! Many people sell their own homes, bandage their own wounds and file their own divorces. Working pro se (without an attorney) can save you money but mistakes you make may cost your more money than you would have paid had you hired a qualified trademark attorney in the first place. Keep in mind that your registration although registered, may not necessarily be valid.
What’s your hesitation in hiring a trademark attorney?
Congratulations on taking the next steps to secure federal trademark registration on your trademark! Now, you’re at a crossroad! Should you really hire a trademark attorney to prosecute your trademark application? You have the right to prosecute trademark applications pro-se (without an attorney) or represented by counsel. It’s your choice. However, choose wisely!
If you file a trademark represented by competent trademark council, here are the benefits:
1. The prosecution of your trademark application may be shortened because you avoid the unnecessary back and forth with the USPTO when you make mistakes.
2. Your trademark attorney can help you to police and enforce your trademark.
3. Your trademark attorney can respond to an office action on your behalf.
4. Your trademark attorney can defend your mark in a proceeding.
5. Your trademark attorney can ensure you know the scope of your trademark rights…
6. YOUR TRADEMARK ATTORNEY CAN SAVE YOUR MONEY!!
Remember, when you file a trademark application, the process is a legal process. It will likely cost you more money to pay a trademark attorney to fix your mistakes and some mistakes may even require you to refile your entire application! You may want to consider hiring a trademark attorney to use your time to do what you do best…grow your brand and actually sell your products and services!So, are you going to hire a trademark attorney to prosecute your trademark application?
Save You Money
Trademarking a brand can take up lots of time, resources, and money. A trademark attorney can help you save money in the long run by ensuring your application is correctly filed the first time and that it’s achievable. Imagine working diligently and investing your savings for nothing to work out because of a simple error. A “simple error” can sometimes jeopardize an entire trademark application.
If you hire a trademark attorney, you forfeit most of the complicated legal stuff unto someone you can trust, while you put your energy into your business. The sooner you trademark your brand, the better.
WHAT CAN EVANSIPLAW DO TO HELP YOU?
Hopefully, many of you are taking advantage of continuing to grow your skills and expertise by attending conferences. For example, lawyers in most states are required to attend (Continuing Legal Education) CLE conferences to keep their bar licenses active. Attending conferences is also a great way to expand and grow your brand in other industries. I love it when a prospective client calls my Firm because a “friend of a friend” referred them to my Firm. Those types of calls confirm that I am networking effectively.
I love conferences and I especially believe that I can always learn something new. I know I’m a patent attorney but I don’t believe in reinventing the wheel. If you’ve already achieved success and you’re willing to teach me, I’m willing to learn! Often, so many people have a narrow focus when they start their businesses. Think GLOBAL and think of all of the possibilities.
How many of you take advantage of attending conferences that are not tailored towards your specific industry? I hope I’m not the only one in the room raising my hand!
To Ensure You Meet USPTO Requirements
Trademark applications are filed at the United States Patent and Trademark Office (USPTO). When you fill out your application for your patent or trademark, you must comply with the appropriate legal standards. Failure to comply with these regulations can result in delays and can jeopardize your application. With a trademark attorney, you can be sure that your application is correct, and you aren’t missing information.
It is required you are represented by a trademark attorney if you are a foreign applicant. In addition to this, your attorney has to be legally licensed in the United States. Foreign attorneys are not allowed to give you legal advice or sign your documents for you.
Kudos to you for contacting an intellectual property attorney to protect your patents, trademarks and copyrights! You’ve gone to Google but thank goodness you recognize that Google is not your lawyer. You’re ready to hire a professional!!
Here’s what you can expect during a consultation:
First, expect a confidential relationship between yourself and the attorney. Scheduling a formal consultation, allows you to establish an attorney-client relationship with an attorney. The attorney is required to keep the information presented confidential so don’t waste time asking your attorney to sign a confidentiality or non-compete agreement.
General Answers to your IP Questions
For the sake of the limited time available for a consultation, it’s great to submit a list of your questions to the attorney prior to the scheduled consultation. This will give the attorney an opportunity to meet your expectations and provide you with answers or provide you with more details of what’s necessary to retain the Firm to resolve any issues that may require additional time.
Waiting to schedule a consultation may jeopardize your rights. Don’t wait! You’ll feel so much better about understanding your options fully and you will know what’s required to protect or enforce your intellectual property!
Are you READY?
Oh the places you will go! ❤️ All About Inventing Everything You Need to Know About Patents From a Former USPTO Patent Examiner and Patent Attorney is a must read for everyone! Learn more about what to do with an idea to make it an invention! Learn more about what to expect during the USPTO patent prosecution. Plus, the book includes a bonus section with the full prosecution of a patent application! Order your copy here: www.evansiplaw.com/book
The USPTO recently released a report on the trends and characteristics of U.S. women inventors named on U.S. patents granted from 1976 through 2016.
Sadly but not surprisingly, the report showed that women still represent a minority of inventors with patents.
Enjoy the article HERE.
WHY DO YOU THINK THERE ARE SO FEW WOMEN INVENTORS?