Sunday, June 14, 2009

Role of a Trademark Attorney

A Trademark attorney is one who specializes in dealing with trademark issues. A trademark is a unique sign used by business organization or other legal entity to differentiate its products or services to consumers. Trademark infringement is an offense and often requires legal proceedings. Some large companies appoint trademark lawyers to deal with trademark problems.

The role of a trade mark attorney is vast. He has to advise the company in selecting new trademarks. New trademarks should be selected carefully so that they will not violate the exclusive rights of some other company. They also help in filing and prosecuting registered trademarks and patents. He will help in completing the trademark application procedure. He should also advise the company on trademark infringement issues.

In United States there is no separate examination to qualify and practice as Trademark Attorney. Any lawyer who can practice in at least one state can prosecute trademark issues. But in some countries like Australia, New Zealand and United Kingdom there are special examinations for those who wanted to practice as Trademark lawyers.

They must be able to work with United States Patent and Trademark Office (USPTO). If there is any objection for registering your trademark then your attorney will help in handling such issues.

If any other company believes that its trademark is violated by your company then it will send a cease and desist letter. Then your lawyer will advise you in handling such situations. He will also assist you in evaluating the cease and desist letter.

Trademark law is a tricky area of law that involves many unique principles and requirements. Therefore a trademark attorney must be well versed with all rules and regulations relating to the law. He will pay individual attention to your trademark matters.

Before filing the application the trade mark attorney will check for any error or omission in the form. Since such errors can not be rectified after submission and USPTO will never return the filing fee in any situation, the trademark attorney's work is vital in this respect.

As a normal businessman you may not know how to communicate with the USPTO on subsequent issues after submitting the trademark application. They will communicate with the USPTO on behalf of you. Hence you can don't need to know about any trademark application procedures.

If there is any unauthorized use of your company trademark then the trademark attorney will help you in taking legal action against that company. If your company is offering any service then the trademark is commonly referred to as service mark in US. They will also help in registering the service mark.

The trademark attorney will also help in trade dress issues. Trade dress is the visual appearance of the product including the packaging. They will help in registering your trade dress and help to protect it from being used by the competitors.

For further information on the role of a Trademark Attorney go to

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