Trademark Lawyer: Obligations

by Rex Stevenson

Trademark lawyers are qualified people who manage trademark related issues. Their specialization requires many examinations regarding trademarks, to ensure that they have big professional standards and work ethics.

Typically, this position under commonwealth jurisdictions which include New Zealand, the United Kingdom, and Australia should meet some qualifications to be called as trademark lawyers. The qualification is called “protected” or “exclusive” title. However, in the United States, this specialized examination is not required. Trademark registrations require comprehensive knowledge about its procedures and laws. Using the services provided by trademark lawyers is recommended. They can give you advice regarding the different aspects of trademark applications and services. Their roles include:

1. The trademark lawyer should give advice to the client concerning the chosen trademark. Trademark lawyers also obtain search reports that link to your trademark. After all examination is done, the lawyer should confirm whether your trademark is safe or not. The lawyer is also obliged to answer any questions and inform his clients about fees, trademark process and trademark approval.

2. One of the most important things which concern trademark application is drafting. Also, lawyers should pay attention to the description you made for your product because it has a big influence in the whole process.

3. Another trademark lawyer’s responsibility is ensuring that his clients’ applications are complete. Lawyers must read and, if necessary, correct the drawing page in order to make sure that it is accepted by the USPTO. Make sure that you provide an image for each of the following: product name trademark, trademark slogan, and trademark logo.

4. Another essential thing during the trademark registration process is communicating well with the USPTO. This helps if the USPTO finds out that there are problems with your trademark. Any objection should be answered by your lawyer, through a good communication.

5. A trademark lawyer is ready to advise you in all aspects of trademark filing and registration. You must learn about trademark searching, online trademark searching, trademark costs, and steps on getting a trademark through trademark FAQ reviews.

6. Another important aspect about hiring a trademark lawyer is the fact that he will be able to advise you if any problems occur, such as the USPTO denying your trademark. If someone thinks that your trademark might copy theirs it is very important to have a lawyer who takes care of things for you.

There are many resources wherein you can look for the lawyer’s names such as online directories and yellow pages. You can also ask your friends to find a good lawyer. But besides your effort, you failed, then it is recommended to visit the referral services of the state bar lawyers. Finding a trademark lawyer is easy but to find the best needs more effort and time. If you get a lawyer who is a beginner or never practices his field of specialization for quite sometime, then expect that your case is a gamble. A new lawyer is still unstable and is not be good enough to handle tough cases.

You can ask the help of a lawyer whom you trust to find the best trademark lawyer. The importance never solely lies on the lawyer’s name but on the quality of services he can provide. A trademark lawyer is in a good position to be confident enough that your case is well handled as expected. Try finding a trademark lawyer in your area who has the skills in handling trademark related cases. If the lawyer rejects to handle your case, he could probably suggest another good lawyer perhaps.

However, you need to know that lawyers often receive “referral fees” especially if they send trademark cases to law firms or another lawyer. The amount must be significant, it is about one third or one fourth of the total amount paid to the lawyer who will handle your case. This will motivate the lawyer to give you important information regarding a good trademark lawyer. You can ask the lawyer if he is going to ask for referral fees first to become comfortable when asking. Finding the best trademark lawyer is not difficult at all. By asking decisively and eagerly, it is not impossible.

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