The Responsibilities of a Trademark Lawyer

By: Rex Stevenson


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.

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. The trademark lawyer should give advice to the client concerning the chosen trademark. Trademark lawyers also obtain search reports that link to your trademark. After all examination is done, the lawyer should confirm whether your trademark is safe or not. The lawyer is also obliged to answer any questions and inform his clients about fees, trademark process and trademark approval.

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. 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.

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.

Do not forget that lawyers should receive "referral fees" to become motivated. This is a very popular method to ensure that your lawyer will give 100% for your case. Before starting anything just ask your lawyer if he will ask for referral fees. Hiring a good lawyer is a hard job but not impossible. Make sure that your lawyer is good to successfully accomplish the first steps needed for a popular and respected company.

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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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