Who is a Trademark Attorney?
Trademark law is a complicated law and it has its unique principles and requirements. If you are trying to register a trademark for your product or services, then you need to hire the services of a trademark lawyer. He is the specialized lawyer amongst the several types of lawyers practicing in the legal field.
Trademark is a sensitive asset of any organization and hence a trademark attorney has to bear a huge responsibility related to initially registering a trademark and later safeguarding it. The laws and regulations for registration and infringements of trademarks is complex. A seasoned and competent trademark lawyer is as good as an asset to the company who safeguards the company’s asset in the form of trademark.
Education:
Trademark lawyers are professionals who finish their law school graduation from a law school affiliated to American Bar Association. After graduating from a law school, a law student takes a series of examinations; Bar Examination of the state that he wishes to practice law in. Along with this, he also needs to have professional ethics and traits.
However, unlike some jurisdictions such as the United Kingdom, the United States does not have any specific curriculum or title to qualify for practicing trademark law before the United States Patent and Trademark Office (USPTO). Just a Jurisprudence degree and passing the state bar examination gives a law student to take up trademark attorney as a legal profession.
Job Description of Trademark Attorney:
- He should be well versed with the trademark laws of the state. He should do the required research for available trademarks. He may ask for a trademark search report from the authorized government resource. Once, he has received a copy of the trademarks used and available, he should tally the proposed trademark against the available trademarks.He is the right person to decide whether you should go ahead with the projected trademark of the company, or should make appropriate changes to maintain its uniqueness.
- After finalizing a proposed trademark, the next responsibility of a trademark attorney, is to assist you in the legal formalities related to file a trademark application with United States patent and Trademark office. It should be clearly mentioned that the trademark applied is for your goods or services.While filing the registration application, a trademark attorney should make sure that all the legalities are met as per the regulations of the USPTO. The specimen will be different for a trademark caption, trademark slogan, trademark logo or trademark product name.
- If the trademark application is rejected during review by the USPTO, then your trademark lawyer should be prepared with the rational and feasible arguments to protest the objections by the USPTO. He must write briefs to address any objections to the trademark sanctions.
- A trademark attorney also advices you in safeguarding the trademark for your products and services. In case, any infringement is understood, then he can send a cease and desist letter to the opponent party involved in infringement of trademark.While he can send the cease and desist letter to parties infringing your patents and trademarks. He can also handle such a letter received by you. He will review the trademark and provide assistance.
Trademark is a sensitive asset for any company and a trademark Lawyer is required to safeguard this asset. He is thorough with the regulations of USPTO to file for a trademark. He also fights a trademark infringement case filed against you by any other company.
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