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How a trademark attorney can help you …

How a lawyer can help ...

 Do you need an attorney for trademark matters? In most situations, yes. Whether you’re choosing or registering your own trademark [Brandon: click on trademark and link to http://law.freeadvice.com/intellectual_property/trademark_law/trademark.htm/], or are in trouble for using a pre-existing trademark, an attorney can help you in a number of important ways.

A trademark attorney can help …

  1. Choose and register a name. Trademark lawyers are adept at handling the nuts and bolts of naming a business or product and protecting that name, logo, or slogan (called “marks”) with the most powerful legal tools available.
    • Trademark searches. A professionally executed trademark search will reveal any other uses of your mark. Your attorney can then help you assess the risks involved in using it. If you have been using your mark for some time, these searches can also reveal possible infringing uses of your mark by others.
    • Trademark registration. An attorney can register your mark with the U.S. Patent and Trademark Office. Registration gives you important rights with respect to your mark and puts others on notice that you are using it. Anyone may file a trademark application to register their own trademark online. If you plan to do it yourself, it is still a good idea to contact an attorney for advice about risk and to answer any questions you may have about the registration process.
  2. Assess more complicated matters. A trademark attorney can also assist you with legal issues arising from trademark infringement (the improper use of a mark that belongs to you or another), dilution (when a mark is used by others in such a way that it is no longer distinctive and it loses its value), or international protection.
  3. Stop infringement. A simple “cease and desist” letter on law firm letterhead may be the only thing you need to stop an infringement of your mark. It is often a time-saving and cost-effective way of handling infringement. At the very least, it puts the infringer on notice and provides the first step in getting them to stop.
  4. Negotiate. An attorney experienced in trademark law can help equalize negotiations. An attorney can also help finalize any settlement of the dispute that has been reached, for instance, by helping you to collect money that has been promised to you or by drafting a settlement agreement.
  5. Represent you in court. If your trademark matter becomes complicated or contentious and now needs to be resolved by a judge, get an attorney.