You have developed a trademark for your business and are ready to implement into your daily business operations. Not so fast. You need to register it to ensure it does not infringe on others and others do not use it, at least not without your permission.
The trademark registration process can be tedious and as a business you probably have enough to do already. As a result, you should consider hiring a trademark lawyer and below are 5 ways one can help you.
1. Paperwork
The paperwork to register a trademark can be confusing and onerous especially if you have never done it before. Most people will either quit the process out of frustration or complete it and make errors that lead to delays or rejections.
A trademark lawyer is able to complete all required paperwork on your behalf when registering a trademark or review what you have done. This ensures that all pertinent information is included and no errors or emissions have been made. Hiring a trademark lawyer will allow you to focus on the success of your business knowing your trademark affairs are in good hands.
2. Searches
Before you register a trademark, you need to do an in-depth search. This will determine whether the one you are pursuing is already registered or if it is too similar to someone else’s.
A trademark lawyer can assist you in performing an in-depth search to confirm availability of what you are trying to register. He/she can provide you with a report of companies or individuals who have similar trademarks to the one you are attempting to register. As a result, you will have a clear picture of any current or future implications your registration could entail and the lawyer can provide advice on the best course of action that should be taken.
3. Evaluation
When you have your mind set on what trademark you want, you may develop tunnel vision, meaning you may attempt to register the product without thinking about potential consequences or any infringements that may occur.
If you have settled on a trademark, the lawyer can review it and decide whether it is worth pursuing or if it is too similar to one already registered. In doing so, he/she can greatly reduce your chances of being sued for infringement which could cost you a lot of money in legal fees and settlements and could even threaten your ability to stay in business. The lawyer provides a pair of fresh eyes, an impartial party who can look at a trademark and determine whether it is a viable option.
4. Representation
Sometimes parties who register trademarks face lawsuits from others. This can occur in situations such as one not seeing the similarities in their trademark when compared to another and not doing an extensive enough search that would have determined that a party already owned the trademark in question.
Trademark lawyers are helpful because they can provide representation to you when you are accused of copyright infringement. He/she can advocate for you and represent your interests when dealing with the legal team’s of parties attempting to sue you. The lawyer can apply the law, make arguments as to why a lawsuit should be dismissed, and present compelling evidence that demonstrates that you did not commit infringement.
5. Enforcement
When you register a trademark, not only do you need to worry about people and businesses suing you for infringement, you need to be concerned about other infringing on the one you registered. This is a big deal as you probably spent a lot of time and money developing your products and registering them and someone else using them are probably interfering with the success of your business.
A trademark lawyer can take steps to ensure that no party is using your products without your permission. When occurrences first come to light, he/she can sent cease and desist letters to offenders and this is usually enough to get them to stop their use. When it does not, a lawyer can file a lawsuit on your behalf in seek of compensation. He/she can also supervise the process of others seeking your permission to use your trademark and if you consent can handle any royalties owed to you.
