Why You Need a Trademark Attorney

Why You Need a Trademark Attorney

Many small businesses make the mistake of not involving a trademark attorney early in the application process, believing that filing for a trademark is a simple process since you can do so online.

However, doing it yourself will not always save you money — and could wind up costing you both in terms of cash and losing important trademark protection. Some of the most common mistakes include:

• Selecting the wrong class or not identifying your goods or services properly.
• Choosing the wrong filing basis. There are two filing bases from which to chose: use of the mark in commerce and intent to use the mark in commerce. Not understanding the difference can lead to a registered trademark that offers little or no protection.
• Submitting the wrong specimen. You are required to submit a specimen showing how the trademark will be used. If you submit the wrong type of specimen, you may not have your application approved.

Trademark registration is a legal process that is best undertaken with the help of a qualified attorney who can:

• Pinpoint any problems that may occur with your application by conducting a more thorough trademark search among common law and state registered marks.
• Assess the strength of your trademark and make any necessary recommendations for strengthening it.
• Advise you on how your trademark should be used to ensure it has the maximum protection.
• Create an application that meets all USPTO requirements.
• Provide insight into whether or not your application will be approved.
• Handle any issues that may arise after the application has been filed.
• Assist you with the enforcement of your trademark to avoid infringement.

An investment in the proper legal counsel upfront can save you the time and expense of having to contend with a trademark application that has been filed improperly.

Jurado & Farshchian, P.L. assists entrepreneurs and business owners with trademark and intellectual property matters. Please call one of our experienced attorneys at (305) 921-0440, or email us at info@jflawfirm.com.

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