Trademark

Benefits of Hiring a Trademark Attorney for Registration and Enforcement

calendar07 Mar, 2023
timeReading Time: 5 Minutes
Benefits of Hiring a Trademark Attorney for Registration and Enforcement

Trademark registration can be the most crucial step for your brand, and the trademark registration process is quite complex as it requires certain steps to be completed. Therefore, hiring a trademark attorney for registration and enforcement can be a good option. A trademark attorney will not only guide you but also eliminate the legal technicalities that might come your way while registering a trademark.

Moreover, many trademark applications are rejected due to some errors or mistakes in the application. Then you have to file a new application after a few days, which takes longer than expected. Therefore, if you want to get a trademark without wasting your time while fulfilling all the legal formalities, there is no better option than hiring a trademark attorney.

Few people think, why to spend money on a lawyer’s fee when they can do the registration process on their own and end up spending even more money due to some mistakes in the application and rejection of the application. Once your application is rejected, you only have the option to go for a hearing, and even if the examiner is not satisfied with the hearing, then you have no option left, and your application is rejected automatically.

What is a Trademark?

A trademark is any logo, name, symbol, phrase, or identity of your company that makes your company unique or different from other companies in the market. Choosing the right trademark can be difficult, as it should be unique and engaging so that people can easily recognize it.

How to Select the Right Trademark for Your Company?

Choosing the right trademark can be a difficult task but an important one. So as understood, a trademark can be anything that represents the identity of your company. It can either be a logo or the name of your brand. The most important thing that you must remember while choosing a trademark for your company is that your trademark must represent the motive of your company, and it must be clear. So that people can easily recognize it. For example, if you are trademarking a word, then that word must be simple enough so that everyone can pronounce it, and it must not have a resemblance with any other brand. Moreover, your chosen trademark will protect your company but remember that it should not infringe the rights of others.

Registering a Trademark

The founder of the company is the one who can decide on the best-suited trademark for his company. But, after choosing the trademark, the most crucial task is to get it registered, and for that, you require an attorney who can help you with all the legalities. An attorney is an experienced person who is well-versed in the trademark procedure, and the chances of creating any mistakes in your trademark application are reduced. Moreover, he will guide you priorly about any mistakes or missing formality in your trademark application so that your application does not get rejected by the registrar of the trademark and you can get the trademark registration at the earliest.

Benefits of Hiring a Trademark Attorney

The benefits of hiring a trademark attorney for registration and enforcement of the trademark are listed below:

  • Legal Advice To The Startups

Starting a business and developing a business idea is the responsibility of the founder or promoter of the company. But the founder, not being from a legal background, is not aware of the legalities of his business. Due to this, it is always advised that the founder must consult a trademark attorney even before starting the business and investing any money as the trademark attorney will help you understand the basics of trademark and help you make the best decisions for your company.

  • Helping in Trademark Search

Choosing the right trademark for your company that is also legally acceptable can be a difficult task. But, the attorney will help you in your research and will give you a conclusion by looking at the reports and need of your company. He will help you find the most suited name, phrase, or slogan for your company that you can trademark and use to protect your company. Moreover, after choosing the trademark, the next step is to check whether it is available or already taken. In this process, the attorney will perform the trademark search for you, and once the trademark search is done, the next step is the filing of a trademark application.

  • Avoid Trademark Registration Mistakes

Most companies have started to prefer getting a trademark for their company to look authentic and create a good image in the mind of people. Normally, people have more faith in companies having a registered trademark rather than non-registered companies, and this is because the trademarked company looks more genuine. Furthermore, almost all the big companies have started creating an online market. Due to the increase in demand for the goods and services and while handling other work, the founders of the company are not able to dedicate much time to the registration of the trademark. Therefore, hiring a trademark attorney is the best option as he is the person who can quickly address all the legalities of your business and will help you get a trademark without any botheration. He will perform all the formalities on his own and file a trademark application with no mistakes. Moreover, with the help of an attorney, the risk of mistakes in your application can be reduced to zero. Therefore, there are very few chances that your application will be rejected. So, you will get the trademark at the earliest possible time.

  • Filing Trademark Application

Filing a trademark application is crucial as this application is directly submitted to the trademark authorities, and the examiner checks your application with due diligence. In case of any mistakes in the trademark application, it may be directly rejected by the examiner, or you may have to appear for the hearing. This can be more expensive and tiring. Therefore, hiring a trademark attorney will help you with all these things as he is aware of the legal technicalities, due to which he will file the application with the correct procedure and without any mistakes.

  • Avoid Trademark Infringement Or Conflicts

In case your selected trademark is already used by anyone else. Then, this will count as an infringement of the trademark and will raise a conflict. Therefore, the trademark attorney will help you with the trademark search and look for any trademark infringement[1] by you. Furthermore, if any violation or conflict arises, the attorney will legally settle the dispute and try to save you from any further legal actions.

  • Trademark Registration As Per The Laws Of The Country

The trademark attorney helps you with the trademark registration of your company as per the laws of the country where your company resides. In case your company is registered under the laws of the US, then the attorney registered under the bar of the US will help you with the trademark registration of your company as per the laws of the US. The registration process of different companies is different. Therefore, the trademark attorney will help you get the trademark as per the laws of the country where your company is registered.

Conclusion

If you want to protect your brand through a trademark. Then hiring a trademark attorney can be the best option to get your brand trademarked without any worries and while following all the legal technicalities. A lawyer will help you in the whole trademark registration process, from searching for a mark to getting the mark registered. To avoid any difficulties in the registration process, it is advised to appoint a trademark attorney.

Also Read:
Online Trademark Registration: A Detailed Guide
How Can You Apply For Online Trademark Registration In India?
Trademark Registration Expenses: How To Plan And Prepare For The Costs Involved?

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