May 25, 2024

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General Attorneys

Why You Need a Trademark Attorney

3 min read

Why You Need a Trademark Attorney

A trademark is an idiosyncratic indicator usually used by an individual, business organization or a legal entity to make out its products and differentiate them from those that originate from other competing entities. Owners require trademark attorney to guard their rights from infringement and unlawful use. A trademark attorney helps the owner in filing an application, evaluation of a search and also the search. Trademarks help a company’s product stand out from the crowded product market that is why it should be as inimitable as possible. However, at times you may think you have thought out of the box while coming up with your trademark only to realize later that you had in point of fact infringe on another person’s intellectual property. It is imperative to note that this is a felony and the owner has all the reasons to press charges against you and the repercussions are not so heartwarming. This is the main reason why you need the help of a trademark attorney.

Conduct a Trademark Search:

All countries the world over have databases for registered trademarks. This information is in the public domain and hence you can search for any similarity between whatever you are trying to come up with and what is already registered. However, the search results are not so easy to interpret and require specialized attention. A competent trademark attorney is required to construe search results, don’t try being a hero by doing this on your own because it may cost you dearly. The search should be as comprehensive as possible, all not-so-obvious information should be looked into closely and analyzed with the aid of a trademark attorney. By simply engaging the services of the lawyer, the trademark user is insulated from infringement cases that may arise from their use. This is because it is assumed that the user relied on the trademark attorney’s judgment in his/her actions. By doing, the user is believed to have observed due diligence and meant no harm in using the trademark.

Trademark Regulations You Need to Observe:

A trademark attorney may see to it that you actually get the trademark and the rights. However, that does not mean that you can use it as you wish. Most importantly, your trademark attorney must point out this can only be considered as your intellectual property in the very jurisdiction they were enforced. This is sometimes referred to as territoriality. Although there are some international laws that protects some trademarks in more than one jurisdiction. The rights are simply preserved by legal and active use of the trademark. In most jurisdictions, trademark rights are usually voided after five years of inactivity. Furthermore, the trademark owners should always be on the lookout for any infringement threats and enforce actions against such cases failure to which may eventually lead to the reregistration of the rights. However, to save the owner and the trademark attorney from constant litigation cases, a rights owner with the help of the trademark attorney can argue that the encroachment was assumed to be minor and insignificant.

Conclusion:

There are numerous other requirements that the trademark rights owner need to look into to ensure the protection of the acquired rights. You need to be vigilant and ensure that your trademark is protected since they represent your products and in case someone sneaks in and starts using your trademark, the courts will treat this with equal intensity as it would to a bank robbery. You need to have yourself covered and that is why engaging the services of a trademark attorney is not negotiable.

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