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The Role of a Trademark Lawyer

Because registering a trademark requires extensive knowledge of trademark law and procedures it is highly recommended that you use the trademark services of a trademark lawyer. A trademark lawyer can advise you on many aspects of your trademark filing and on trademark services. For example:
  1. A trademark lawyer should be used when choosing a product name trademark or a trademark slogan. Ideally, your trademark lawyer would order a trademark search report. Your trademark lawyer should then counsel you on the results of the trademark search and whether it is safe to proceed with using the proposed mark. He should also counsel you on any questions you may have, such as how to get a trademark, the cost to register a trademark and how to trademark a logo or trademark slogan.

  2. A trademark attorney should then help you draft the trademark application. Your trademark lawyer should pay special attention to the description of the product ("goods and services"), for how your trademark lawyer drafts this will affect how likely you are to register a trademark.

  3. A trademark attorney can help you ensure that your trademark application is complete. For example, your trademark lawyer should review your specimen and drawing page to determine that they satisfy the requirements of the USPTO. This specimen will differ slightly depending on whether your mark is a trademark logo, trademark slogan or product name trademark.

  4. A trademark attorney should be able to work with the USPTO to answer any objections the trademark lawyer for the USPTO may have with your trademark application. Your trademark lawyer should write briefs that address any initial objections to register the trademark.

  5. In sum, a trademark attorney will be able to counsel you on all facets of registering a trademark and trademark filing. You may be able to learn about trademark cost, trademark searching, an online trademark search, and the steps to get a trademark by reviewing our trademark faq.

  6. Additionally, a trademark attorney can advise you on how to handle certain situations such as receiving a cease and desist letter. A cease and desist letter is written when a party believes their trademark is being infringed upon. A cease and desist letter must be evaluated by a trademark attorney who will provide you with trademark assistance.

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