When choosing to trademark a name for your business, you are met with two important decisions. The first one is, do you require the services of a trademark attorney? And the second is whether you can brand your name with a non-legal service.
How to find the best trademark service depends on the decision you make? Experts will tell you that you can trademark a name without the services of an attorney. That said, a trained and qualified attorney will provide guidance as well as invaluable advice that can help you easily navigate through the application process. So, unless you cannot afford the services of an attorney, it is best to hire one.
Why Do You Need to Hire the Services of an Attorney?
You might question the need to hire a helping hand. Well, a qualified lawyer is educated and knowledgeable about everything law. And, being that you do not know everything about how to trademark a name, you need their expertise. The application process can be stressful. Even dealing with USPTO can be difficult without the help of counsel.
An attorney will not only guide you throughout your application process but will help to deal with it so you don’t stress much about it. Application via the USPTO’s TEAS website can be straightforward. Whereas, the online application process can be challenging. This is because it has a few complications and pitfalls that seem to stress applicants a lot. Here, it would be best to seek the service of an expert brand attorney.
The expert will easily tend to them. They are professionals and can evaluate the paperwork. They know which form is best suited for your situation. They can help to draft a really good and /or service description. They will also help you conclude if your application needs to be filed in several international classes.
In short, a trademark attorney provides you with the necessary advice regarding legal trademarks. They will also ensure to help you with your name and logo selection, and tell you how best to apply it to your services and products. The best part is that the attorney can help you in enforcing your TM. This is if there is a case of another business or individual using your TM on a similar brand. You can check this website for tips on what to do when someone uses your trademark.
So How Do You Find the Best Trademark Attorney for Your Needs?
You have to understand that many professionals are working in this field. This might put you in a difficult position. You might begin to wonder if you’ve hired the right person or not. You might begin to wonder about the experience level of your prospective hire.
So, it is best that during your evaluation, you do careful research. Make sure to put lots of factors into consideration. This is because you are entrusting a lot of responsibility to the individual.
The best trademark attorneys can:
- Assess trademark infringement and similarities accurately
- Reduce your chances of being opposed during your application process.
- Perform their due diligence. They ensure that you do not get a “cease and desist” in the future.
Before hiring the services of a brand lawyer, it is best to ask the following questions:
How Experienced Are You in this Field?
Your hire must have the necessary experience when dealing with trademark law. This is because just like most occupations, professionals do have an area of expertise. Make sure your hire has the know-how and skillset to make your application process a success.
Keep in mind that most attorneys have the basic knowledge of registering a brand name. However, not so many are familiar with the technicalities involved in the whole process. So, make sure that your hire has several years dealing with trademark laws. This is to ease the process for you. This link https://www.nerdwallet.com/article/small-business/trademark-lawyer has more on finding a trademark lawyer.
How Do You Assess Risk?
Ask your prospective hire the database that he/she uses to assess risk. The best attorneys never make use of a free database. The reason for this is that the software does not have the necessary tools to make a full assessment.
Although government databases assess a certain extent. They might not be able to evaluate visual similarities or phonetics. Also, they do not red flag misinterpretations whether cultural or linguistics. And, this is very important when conducting business internationally. The best law firms make use of the best databases. Some even outsource the job to professionals to ensure the job is done correctly.
What is Your Rate?
Several attorneys serve this purpose. Though, their rates vary. If you are considering a fast turnaround for trademark registration, then you should expect to pay more. In general, the turnaround time is about two weeks. But, since you need your result quicker, and are willing to pay for it, you can get your result in a day or two.
You should also bear in mind that these lawyers do factor in job complexity when charging their rates. When discussing rates make sure to ask the right questions. This will allow you to make an informed decision.
Will You Make an Extensive Search Outside the Region Where I am Registering?
If you are willing to pay extra fees, an attorney will expand their search scope. If you are a business considering international marketing, then you will want a professional who can expand their search for you.
Do You Make Searches on App Store Database?
Currently, your clearance search isn’t complete without going through app stores. This will enable you to find out if there is a business out there using a similar name as yours.
Conclusion
Finding the best trademark service depends largely on the decision you make regarding your business. And you will find more here on why your small business needs a trademark. You can go through the registration process without requiring the assistance of a lawyer. However, the process involves time-consuming and highly specialized tasks. These tasks need to be outsourced to someone who is experienced to provide the best advice.
This will allow you to save time and unnecessary expenses during the entirety of the process. The questions above will ensure you find a good trademark attorney who can provide satisfactory service.
