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Help Yourself By Hiring A Trademark Lawyer

Jun 13, 2008
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.

In some areas like New Zealand, United Kingdom, and Australia, lawyers should meet some requirements in order to become trademark lawyers. This title is also named "exclusive" or "protected" title. In the United States a lawyer doesn't need to have this specialized exam. Also, keep in mind that in order to obtain a trademark registration you also need to know about the whole procedure and the laws involved. In order to obtain good information and advice, you can hire a lawyer. Trademark lawyer's obligations are:

1. A trademark lawyer is responsible for helping you choose a trademark of a certain product or slogan of a trademark. He is also responsible for ordering a search report in connection with your trademark. After getting the results, he will provide you with counsels if using your proposed mark is safe. He will also entertain your questions and inform you about the cost of registration, getting a trademark, and how a logo or slogan became trademarks.

2. Another aspect when registering is your lawyer's attention on the product's description; this will greatly help during the procedure. Also, make sure that your lawyer helps you with the trademark application drafting.

3. A trademark lawyer ensures that your application is complete. He must review the drawing page and specimen to determine if they comply with the USPTO requirement. Slight differences of the specimens are apparent and depend on whether it is a trademark slogan, product name trademark, or trademark logo.

4. A trademark lawyer must be able to communicate well with the USPTO. This is essential when answering any objections from the USPTO lawyer regarding your trademark application. Your lawyer must write briefs which address the initial objections upon trademark registration.

5. Another responsibility of the trademark lawyer is making sure that you are well informed and well advised about everything. You should have knowledge about trademark fees, the procedure of getting your trademark registered, searching your trademark online, etc.

6. A trademark lawyer should be prepared for any difficult situations, like receiving desist and cease letter. This happens if somebody thinks that you have stolen their trademark. Your lawyer should help you solve any problems like this.

You can find a trademark lawyer almost everywhere, in online databases or just by searching the yellow pages. If you know someone who needed trademark registration, you can ask them if they know a good lawyer. You can find trademark lawyers, but it is harder to find the best lawyers, so this job will take more time than you expected. Also, avoid beginner lawyers or the ones who never practiced their specialization if you want to successfully register your trademark.

Another way to find a trademark lawyer is asking your lawyer if he or she can recommend one. Also, it is very important to choose a lawyer who only provides quality services. If you happen to find a lawyer and he rejects your case, ask him to give you a suggestion in finding another lawyer.

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.
About the Author
Your Trademark Law explains everything you need to know about trademarks, copyrights, and patents. It is your personal reference to protecting your business .
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