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Trademark Attorneys and Intellectual Property

Updated: 9/16/2019
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Trademark attorneys are professionals who have specialized training in the field of intellectual property law. They can advise clients on a myriad of issues relating to trademarks, like filing an application, obtaining a trademark registration, and filing a lawsuit on their client’s behalf against an infringing competitor.

It can be extremely helpful to bring in a trademark attorney in the early stages of opening a new business. A trademark attorney has the expertise necessary to help a start up company select a solid trademark. This trademark could be the business’s name presented as simple text or presented in a particular font or style. The trademark may also include a logo which can be registered with the business name or separately from the text, depending on the different ways in which the trademark may be used.

It is likely that a new company will have several potential names and logos from which they must choose a favorite. Trademark attorneys can help with this process by performing searches of databases to determine the probable registrability of a particular mark. Some words or phrases are very popular and have been registered as trademarks by several businesses for a wide variety of goods or services. This makes for what trademark attorneys call a crowded field of marks. In a crowded field, no one trademark registrant owns the exclusive right to use that mark. Instead, they enjoy narrower protection that covers their specific presentation of the mark for the particular goods or services they provide.

Generally, trademark attorneys will counsel that the more distinctive a trademark is, the stronger it is. They may advise avoiding a crowded field of marks by selecting a different mark that is in some way distinguishable from all other marks. This lessens the possibility that one of the prior registrants will decide to oppose registration of the new mark. Registrants may oppose a trademark application if they believe the registration of that mark will infringe their rights. Trademark attorneys are an invaluable resource to prevent this situation from happening or to successfully resolve such an opposition.

Trademark attorneys have many years of specialized training and experience behind them to help business people choose and protect their brand name or logo. Few business assets are as valuable as a company’s trademark, which carries with it the reputation and good will the company has amassed during its years of operation.

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What has the author Mary LaFrance written?

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