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Why you Need a Trademark Lawyer
Registering a trademark is not easy. Sure anyone
can fill out a form and send it into the Trademark
Office with their $335 filing fee. Of course, what
happens when the trademark examining attorney sends
a letter back in six months stating that you failed
to meet the minimum requirements. Or worse yet,
the trademark examining attorney finds that the
mark that you adopted and used for the past six
months is confusingly similar to a prior registration.
You saved the initial cost by preparing the application
yourself. However by not speaking with a trademark
attorney, conducting a trademark search, and having
the application prepared properly you have wasted
six months of marketing and advertising costs.
It is highly recommend that you use the services
of a trademark attorney. A good trademark attorney
will conduct a trademark search of your proposed
mark before filing any application. This will save
you cost and time in the long run.
If the trademark attorney gives you the green
light, then go ahead and adopt the mark and file
an application. However, if the trademark attorney
says their may be a problem, then at least you know
about it before you put up a sign on your store,
buy a domain name, and brand your whole business
with a trademark that you may not be able to use.
Listed below are some quick reasons why you should
seek the advice of a trademark attorney:
1. A trademark attorney can advise you on the adoption
and registration of a new trademark. They should
be able to tell you how much it will cost, how long
it will take, what are your chances of obtaining
a trademark registration, and what are your chances
of receiving a nasty cease and desist letter.
2. A trademark attorney can run a search report
and discover all of the potential problems with
a trademark. While a typical search report can cost
$1250 with a legal opinion. This is money well spent
because it will identify any potential problems.
3. A trademark attorney can assist you in properly
preparing a trademark application. Again saving
you costs and time. A trademark attorney will ensure
that the application is complete.
4. A trademark attorney can assist you in responding
to any objections by the trademark office. A trademark
attorney can write legal briefs in an effort to
overcome a likelihood of confusion objection, or
descriptiveness rejection.
5. A Trademark attorney can advise you on how to
handle infringing activities by other companies
or if your company receives a nasty cease and desist
letter telling your company to stop using its trademark.
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