As a business owner, you need to trademark things that your company has invented such as logos, slogans, symbols, and designs. Failure to do so could result in significant losses for your company as others will attempt to use these entities that you worked so hard to develop.
While the trademark registration process is definitely achievable, it can be considered onerous and frustrates many. As a result, hiring a trademark lawyer to assist you can prove to be very beneficial. Below are ways one can help your company and ensure you are adequately protected from infringement.
1. Identify issues with application
When you are seeking to file a trademark, you want to do it correctly. Otherwise, the things that you have worked hard to product will not be protected. Then they will be free to use or someone else will seek to trademark them.
A trademark attorney can review your application for completion and accuracy, increasing the chances of it being accepted. In a study in 2013, it was estimated that a company’s chances of having their trademark application accepted increases by 50 percent when an attorney is involved in the process. The attorney can also complete a thorough search of national trademark databases to ensure the one you want to reserve is available and will not infringe on another company’s. The cost of a trademark can be time-consuming and costly. An attorney can loom for potential issues when you are filing your application to prevent any issues that may arise.
2. Monitoring use
You have filed an application to register your trademark and it has been approved. However, this does not mean it is safe from infringement. Some individuals and companies may attempt to use your trademark because they are unaware that it is registered or do not think they will suffer consequences by using it.
A trademark attorney’s job does not stop after they ensure that your trademark was approved. Instead, they can be instrumental in monitoring your trademark to confirm that no party is using it unlawfully. When a trademark lawyer determines that your trademark is being used without your permission he/she can send cease and desist letters. These are usually effective in stopping the use of your trademark because such letters threaten legal action if use continues. If use of the trademark persists, then the attorney can then pursue legal action on your behalf.
The use of cease and desist letters to stop people from using your trademarks material is usually enough. However, sometimes those using them will not think they will face consequences or disagree that they are infringing on your trademark in the first place. In situations like these it may be necessary to seek legal action to receive compensation for losses incurred as the result of parties using your trademark and for recognition that the trademark is in fact yours.
A trademark attorney can file necessary paperwork to bring lawsuits against parties using your trademark without your permission. The attorney can represent your interests in court and in the event you are unsuccessful in proving that the use of your trademark by others was unlawful, he/she can file an appeal of the decision.
Even though you registered a trademark that was original and you did so lawfully, there still may be instances where individuals or companies feel that your trademark replicates theirs or is too similar. In situations like these, a trademark attorney can represent you and make effective and valid arguments as to how your trademark is unique and why these plaintiffs are not entitled to compensation.