Hiring a Trademark Lawyer

Find a Lawyer for Trademark Infringement Cases and Registration

Oct 21, 2009 Brenna Coleman

Although a trademark lawyer is not always necessary, in many instances one may have to find a lawyer for trademark infringement cases and trademark registration.

Either as a preventative measure or after the fact, there are many instances where it may be necessary to find a lawyer for trademark law. Although attorney services can potentially cost thousands of dollars, depending on the severity of the case, and the hourly rate of the individual, the expense may be well worth it in cases of trademark infringement or complicated trademark registration. To have the most effective and efficient experience with a trademark lawyer, it is important to have a basic understanding of trademark law, and a clear expectation of the attorney legal services offered.

How to Find a Lawyer for Trademark Law

Hiring a trademark lawyer can lead to a loss of thousands of dollars or a savings of thousands of dollars, depending on how qualified and necessary the attorney is for a specific need. To find a trademark lawyer, it is important to spend the time to research potential candidates, instead of simply answering an advertisement or picking a random intellectual property lawyer from an attorney legal services listing. It is also important to have a basic knowledge of the work involved and time that will be spent in filing a trademark registration or trademark litigation, to be able to predict approximately how much a service may end up costing.

As intellectual property law covers a broad range of issues, from copyright registration to entertainment law services, an intellectual property law firm is not enough. Look for either a trademark law firm, or a specific trademark lawyer — an intellectual property lawyer who has experience with preparing trademark registrations, or defending trademark infringement cases. Find out what law school they attended and if it has an extensive intellectual property law program or not. Ask for referrals, and back check them. Also, inquire as to who will be doing the work, the trademark lawyer, or paralegals.

Using a Trademark Lawyer for Trademark Infringement Cases

Trademark infringement involves a business or entity using the same or a similar mark as another entity that already owns rights to the mark through registration or established use. A lawsuit revolves around confusion for the consumer; trademark infringement occurs when it is unclear where a source of goods comes from because there are conflicting trademarks being used to identify a product.

For trademark infringement cases, it is important to find a lawyer who has both experience with trademark law and as a trial lawyer. They need to be able to answer a complaint, file and answer motions, and represent either a defendant or a plaintiff in court. Hiring a trademark lawyer for trademark litigation is almost essential as there are a number of conditions that a court will look at, which only someone well-versed in trademark law can easily decipher and make proper assessments on. To save expenses, and the trademark lawyer's time, have all pertinent information ready, such as instances of third party use of the trademark, possible effects of the trademark infringement on business, or lack thereof.

What Attorney Legal Services to Expect for Trademark Registration

To find a lawyer for trademark registration, again, look for an attorney with specific experience in preparing federal trademark registration applications. Trademark registration can be done without legal help, however a trademark lawyer can add insurance thorough their experience and knowledge of the subject. They can prevent a bad mark from being denied, and look out for potential problems with trademark infringement.

A trademark lawyer will help decide if a desired mark is a wise choice, based on a thorough trademark search, usually through a professional trademark search firm. Once the appropriate materials and information are provided, they will fill out the application, and correspond between the United States Patent and Trademark Office or examining attorney during the review process. If any problems do arise with the application, a trademark lawyer can be extremely useful in navigating around obstacles.

Take the time to find a lawyer who can provide the legal counsel and protection well-worth the money that will be spent.

Sources:

United States Patent and Trademark Office

"Overview of Trademark Law" (Cyber Law, Harvard Education)

The copyright of the article Hiring a Trademark Lawyer in Media Literacy is owned by Brenna Coleman. Permission to republish Hiring a Trademark Lawyer in print or online must be granted by the author in writing.

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