A trademark lawyer specializes in the handling of cases relating to trademark law and trademark practice.
As with all lawyers, trademark lawyers are well-regulated and have to pass exams on trademark law and maintain professional standards and ethics to be formally registered as a trademark lawyer.
IN Commonwealth jurisdictions – UK, New Zealand, Australia, Canada – this position requires specific qualification – known as “protected” or “exclusive” title. In the USA this specialized examination is not required.
The registration of trademarks requires a comprehensive knowledge about trademark procedures and laws. It is highly recommended that you use the services of a trademark lawyer. They will be able to give you specific advice about the various aspects of trademark applications and services. The role of the trademark lawyer includes:
- being responsible for assisting you choose a trademark for a certain product or slogan of a trademark. He will order the search report with respect to your trademark. On receiving the results of this report, he will advise you if your proposed trademark is safe. He will also answer your questions regarding the cost of registration, obtaining a trademark and how a slogan or logo become trademarks.
- drafting your trademark application. He should give special consideration to your product’s description, as this is a very important part of the trademark registration.
- ensuring that your application is complete. He will review the drawing page and specimen to make sure that they comply with the United States Patent and Trademark Office (USPTO) requirement.
- communicating well with the USPTO. He must be able to answer any objections brought by the USPTO lawyers regarding your trademark application. Your trademark lawyer will be responsible for writing briefs which address any initial objections upon trademark registration.
- advising you in all aspects of the trademark filing and registration. You will need to understand about trademark searching, online trademark searching, trademark costs and the steps required to get a trademark application through trademark FAQ reviews.
- counseling you about handling situations such as receiving cease and desist letters. Such a letter is written if a party thinks that his/her trademeark has been infringed. Your lawyer should be able to evaluatr such a letter if you receive one, and advise on your response and further actions.
There are plenty of resources available for finding a suitable trademark lawyer, eg. online directories, Yellow Pages. You could also ask for recommendations from friends. If you still can’t find a suitable lawyer, we suggest you visit the services of the state bar lawyers.
To find the best trademark lawyer for your case will take some time and effort. If your lawyer is inexperienced or rarely practices this field of specialization, your application could be somewhat of a gamble.
Ask the help of a lawyer whom you trust to find the best trademark lawyer. The quality of service you can expect is your primary determinant. Choose a trademark lawyer who is qualified, experienced, an expert in his field and also able to communicate well with both you and the patent office.