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Originally Posted On: https://bltg-ip.com/7-signs-you-need-to-hire-a-trademark-attorney/
Did you know that there are over 10,000 trademark filings each year? Although this can be a great way to protect your intellectual property, there may come a day when someone infringes upon your work.
In cases like this, you will need to have access to the right resources.
Working with a trademark attorney can help get the situation back on track. Let’s explore when you should consider this option.
1. Your Application Has Been Denied by the USPTO
A qualified legal professional can review your application, identify possible errors or omissions, and help you make any necessary changes or adjustments so that it meets all requirements for approval.
In the event that the USPTO denies your application, a qualified attorney can help you navigate the process.
2. Someone Else Is Infringing on Your Trademark
If someone else is infringing on your trademark, it’s important to take action as soon as possible.
A qualified trademark attorney can help you assess the situation, advise you of your legal options and begin the process of enforcing your rights. Your lawyer can also represent you in any court proceedings that may be necessary. Hiring an attorney can go a long way toward getting the results that you need.
3. You’re Not Sure Your Trademark Is Registrable
They will conduct research before filing a registration application. This will ensure that the mark is eligible for registration and doesn’t conflict with any existing trademarks. You’ll be able to get the best advice for protecting your intellectual property rights.
This can go a long way toward helping you avoid common pitfalls. For instance, many people invest too much time and money into trademarks that they cannot register.
4. You’re Considering Expanding Your Business Significantly
When you’re planning to expand your business operations, it’s important to protect your brand and other intellectual property.
A trademark attorney can help you determine the best way to register or obtain protection for any trademarks that may be needed in different jurisdictions.
A common mistake many business owners make is failing to protect their trademarks when they expand. This can lead to costly legal disputes down the road if someone else tries to register or use your mark in another market.
5. You’re Receiving Cease-and-Desist Letters
If you have received a cease-and-desist letter from another company, it’s important to take legal action as soon as possible. A lawyer can review the letter and help you craft an appropriate response that keeps your interests in mind.
They can also advise you on any potential legal risks and help protect your rights going forward.
6. You’re Unsure How to Enforce Your Trademark Rights
Enforcing your trademark rights can be a difficult process without the right legal guidance. A trademark lawyer can help you determine the best strategy for taking action and filing any necessary legal documents.
They can also advise you on the best way to protect your rights in different jurisdictions.
Cease-and-desist letters are often sent out when someone infringes upon a trademark. This doesn’t necessarily mean you’re in the wrong, though. The purpose of these letters is to help both parties come to a solution.
7. You’re Considering Selling or Licensing Your Trademark
Those who wish to license or sell their trademarks must take certain legal steps to do so in a way that protects their rights. Working with an attorney can provide guidance and advice on the process and make sure that all documents are properly filed.
They can also help you identify potential risks and recommend ways to mitigate them. They can also advise you of any other important legal considerations. For example, if you’re considering licensing your trademark, an attorney can help you draft a contract that safeguards your rights and interests.
What Are the Consequences of Breaking Trademark Laws?
if someone infringes on your trademark, you may be able to pursue legal action against them. Generally speaking, the legal remedies available for trademark infringement include an injunction to stop the infringer from using your mark. You may be able to secure damages (e.g., monetary compensation) and attorneys’ fees.
In addition, a court may order the destruction of infringing goods or materials in some cases.
What Should I Look For in an Attorney?
Look for someone who is knowledgeable and experienced in intellectual property law.
They should be willing to take the time to understand your business needs and craft an appropriate plan of action to protect your rights. You will also want to make sure that they are familiar with any international laws that may apply, as well as any specific regulations that may be relevant.
It’s always in your best interest idea to look for someone who is easy to work with. They should provide you with the support and guidance you need throughout the process. Finally, be sure to research their past reputation and experience to make sure that they are a reliable and trustworthy legal resource.
This will give you insight into what you can expect from them. When browsing through past feedback, be sure to
Working With a Trademark Attorney Is Essential
As long as you keep the above information in mind, it should be easy to determine if your business needs trademark legal services. If any of the above signs are present, it would be in your best interest to get in touch with a trademark attorney as soon as possible.
Looking for more information on how we can help? Feel free to get in touch with us today to see what we can do.
