Benefits of Hiring a Professional Trademark Attorney

March 28th, 2014

Many people look to start their own business, but starting a business raises many questions, including those regarding trademarks. For anyone looking to establish a trademark it is important to take the proper steps to ensure the trademark will be valid and protected. A trademark attorney can help you take the necessary steps to ensure you choose the right trademark and that your trademark is registered so that it is protected.

What is a Trademark?

A trademark is a name, tagline, design, logo, or symbol associated with a particular business, product, or service. Trademarks are important to help distinguish and protect a business and its brand. Trademarks help consumers distinguish one product or service from another.

Deciding What to Trademark

Your trademark may be the name of your company or it may be the name of the product or service your company offers. Your trademark may just be words (known as a “word mark”) or may include a stylized design like a logo, symbol, or insignia. Your trademark should convey your message to your clients and customers. You can choose your trademark to convey the message you choose for your business. However, it is very important to also choose a trademark that can be protected and that is not likely to infringe others trademark.

Checking a Trademark

When deciding on a business name it is important to choose something that stands out and that people can remember, but it is also important to choose something that is unique and unlike other competing businesses, products, or services. This is particularly important when you view your business name as your trademark. You don’t want your trademark to be similar to any other competing trademark. If one trademark is too similar to another trademark, the first trademark may be infringing upon the second. To avoid infringement, check to make sure there are no other businesses, products, or services that might be confused with your possible trademark. Checking a trademark is an important step to ensure there is no likelihood of confusion between any two trademarks.

The United States Patent and Trademark Office (USPTO) maintains a database where you can search for registered trademarks and pending trademarks. However, searching the USPTO database takes special skill and an in-depth understanding of the specifics of trademark law. It is best to hire a trademark attorney to conduct a trademark search.

Registering a Trademark

Choosing to register a trademark is a daunting task to handle alone, which is why it is important to hire an attorney who specializes in trademarks. An attorney can conduct an in-depth search to ensure the trademark is not likely to be confused with another existing trademark. An attorney can prepare and file the necessary documents to properly register a trademark. An attorney can also offer advice on the best strategy to protect a trademark.

Starting a new business and registering a trademark can be complicated, so using the service of a professional trademark attorney is the best advice.  For more information about how to protect your trademark, or for information on how to prepare your trademark application, contact us at Creative Law Network today.