Thursday, April 12, 2012

What Is A Trademark Lawyer And What Will He Do For Me? | The ...

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By Pat Thompson

A trademark is one or more words, or a series of letters or numbers, or a design, or shape, that is used by a person to distinguish products or services manufactured, sold, leased, hired or performed by that person from those manufactured, sold, leased, hired or performed by others. The valid registration of a trademark prohibits the use of the registered trademark by another person or entity. As a niche area of the law, trademark law has its own requirements. A trademark lawyer is a lawyer who specializes and is qualified to perform duties in all issues that are part of trademark law.

The responsibilities of a trademark lawyer include giving legal advices on trademark and design issues. The lawyer can advise on the adoption and selection of new trademarks; filing applications to register trademarks; advising their clients on the use and registration of trademarks, dealing with trademark disputes, perform searches relating to trademarks, handling trademark invalidation and revocations, deal with trademark infringements, etc. In addition, if you want to protect your trademark in countries other than your county of residence, foreign trademark registrations are required in each of the countries.

A trademark lawyer is needed for such situations as evaluating a trademark search, evaluating a trademark a product name, and registering a trademark as this act requires expert knowledge of trademark law. The trademark lawyer can advise clients on a variety of trademark services. When you choose a product name or slogan and want it trademarked, the trademark lawyer will order a trademark search report and then provide you with the results. The lawyer will then advise on if you can proceed with the proposed trademark. You will also be informed about the cost associated with getting the product trademarked.

When it comes to trademarking a product, the trademark lawyer will work with you to prepare a draft of the trademark proposal so that you have all of the essential information to properly get the product name trademarked. The lawyer will make sure the application is complete and there are no missing details in order to ensure the application satisfies the criteria needed to register a trademark. If there are any objections to the application, the trademark lawyer will write briefs and submit them as a response to the objections. A trademark lawyer will counsel you on all aspects of registering a trademark and trademark filing. In addition, the lawyer can advise you on dealing with specific situations such as if you receive a cease and desist letter that is sent by someone who feels you have infringed upon their trademark.

It is easy to find a trademark lawyer. Searching online for a quality and experienced trademark lawyer is an effective way to find one. You can review the website of the practice to make an initial assessment of the trademark lawyer before you make arrangements to meet with the lawyer. When searching for a professional trademark lawyer, make sure he or she is educated and experienced in trademark law.

Looking to trademark intellectual property? Then contact leading trademark Canada experts at www.trademarkshop.ca, and learn more on how to register a trademark today.

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