Law

How a Trademark Lawyer Can Help Protect Your Rights

Establishing a business and building a brand is part of the entrepreneurial mindset. Building a brand is part of growing your business and establishing your authority in a specific market or niche. While there may be many other companies who work in the same space, customers must be able to identify your brand to choose you over your competitors. With so much competition and space within the market landscape, it is often necessary to establish a trademark to ensure your brand is differentiated from others.

A trademark is the legal foundation of your company, and trademarks are utilized around the globe. Using a trademark lawyer is the best and fastest way to establish a trademark for your specific company while preventing costly errors along the way. Just like other specialties, trademark law encompasses an array of legal protocols and guidelines which must be followed. Here are some ways a trademark lawyer can help protect your rights and your business.

Search and File

Before marketing heavily for your new business using the potential trademark, you should have a trademark lawyer complete an official search. They may not find an exact match, but they could find a similar trademark which may cause confusion. When that happens, you can make changes to your potential trademark or have your attorney prepare a convincing argument against a “likelihood of confusion.”

Trademarks can be colors, sounds, scents, phrases, logos, or any combination thereof. You must also declare which class of goods you intend to use your trademark in and pay a separate fee for each registered class. Your attorney will help you file your trademark application and pay the necessary fee. An application can be filed whether you intend to use your trademark or it is already in use.

U.S. Patent and Trademark Office

Upon receiving your application, the U.S. Patent and Trademark Office will conduct its own thorough search to determine if similar trademarks exist. They can choose to publish your trademark, or they may issue a letter notifying you that they have found existing trademarks that may present a problem. Your attorney can help you navigate this process and present a compelling argument, if necessary.

Publish and Register

Companies may publish a state trademark if they intend to only do business in one state. Companies that intend to do business in multiple states must publish a regular trademark. Each trademark application must endure a 30-day waiting period in which others have the opportunity to contest its use. This rarely happens, but if it does your trademark lawyer will prove invaluable.

Partner with an Experienced Trademark Lawyer Today

Whether you are just starting your company or just beginning to brand your company, a trademark is essential to differentiate you from your competitors. You’ll want to use your trademark everywhere you do business and in all your advertising. You may use your company’s trademark before it is registered, but it is recommended that you consult with your attorney beforehand. Partner with an experienced trademark lawyer today to establish branding for your company and differentiate your business from competitors. Your company’s trademark is a critical symbol of professionalism, authority in your niche, and your company’s specific brand.