The Responsibilities of a Trademark Lawyer and Finding Them
A trademark lawyer is qualified to handle cases related to trademark law and trademark practice. Trademark lawyers are regulated often as professions. They can pass a batch of examinations on various trademark cases to comply with the requirements while maintaining professional standards and ethics to ensure a formal registration being a trademark lawyer.
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. 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. A trademark lawyer must help in drafting your trademark application. He should give special attention on the product’s description. This is important during your trademark registration.
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. 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. Moreover, a trademark lawyer can counsel you about handling situations including receiving desist and cease letter. This letter is written if one party believes that his or her trademark is infringed. Your lawyer should evaluate desist and cease letter and offer you the needed assistance.
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.