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Do I need a trademark attorney?



From the outside, trademark registration seems quite straightforward. The process starts when you create a product. Then, you give it a name, which obviously needs trademark protection. For this, you'll have to do some research to discover which name is original enough for your idea. When you find a name that is good and is also protectable, it's time to get it registered. After this process is completed, you will have to renew the registration depending on your specific needs.

Sure, there are a lot of steps to follow, but it can be done, even without an attorney. That's right, you can register a trademark without having to work with a trademark law firm in Hialeah. There are a plethora of online resources for anyone who wants to register a trademark. For instance, the United States Trademark Electronic Search System (TESS) is available for free to anyone. What's more, you can file the initial application at the United States Patent and Trademark Office (USPTO) website, which offers an in-depth guide for anyone who is interested. Everything you need is free, and you won't need legal advice, as long as your paperwork is good.

However, there's a catch. You can do it all by yourself, and follow the guides posted on the TESS and USPTO websites, but it may take you longer. According to a recent study, when you work with a good trademark attorney, your application has a 50 percent greater chance of approval. What's more, the entire process is much quicker and less risky. But how does trade secret protection in Hialeah work? Let's see:

Trademark law firms in Hialeah don't just file the registration application for you. A good attorney will help you through the entire trademark registration process. You'll get legal support right from the beginning – choosing the name, checking whether it is protectable, getting the required paperwork, filing the application, and monitoring after the trademark registration was approved. What's more, if anything goes wrong during the process, you'll have a professional by your side to help you. All of this legal assistance will help you get approval on the first try, which will save you a lot of time and money.

Helping you choose the right trademark name

The name you want to trademark is probably the most important aspect you have to focus on. The reason is quite simple – once a trademark is approved, reversing the decision is very difficult. In many cases, it is impossible. The trademark office is very careful about the approval process, and it's mainly based on the name you want to protect.

Every application goes through a very rigorous screening. The office could reject your trademark filing because it may be similar to another mark, or because it violates the intellectual property law. If the application is rejected, you will not get a refund. You'll have to file the paperwork again, with a different name. Obviously, you'll have to pay the fees again.

Trademark law firms in Hialeah can help you during this process. You'll get a professional review of your mark and evaluate whether it is eligible for approval. Your attorney will explain whether your application will be accepted and will guide you during the process. Simply put, you don't submit your paperwork blindly, you submit the right paperwork, and have better chances of getting approved.

Conduct the search

Research is also important before submitting your application. Keep in mind that the USPTO will likely reject your application if the name is already protected by another company, especially if it’s for a similar product or service. Obviously, you can submit your application without doing any research, but you can get rejected for a simple error. Even a simple search could save you a lot of time and money.

There's another problem – there are over 3 million registered trademarks in the United States alone, so the chances of creating something similar to them is quite high. You can do the research yourself, on the TESS and USPTO websites, but you'll have to know what to actually look for. The USPTO may reject your mark if it's similar to an existing one. This means you lose time and money. A trademark attorney can help you during the research process and assist you when finding the right name for your new product or service. Your application has to be based on a comprehensive trademark search, which ensures your mark isn't a duplicate.

Are you looking for trade secret protection in Hialeah? Contact us here!

Helping you with the paperwork

Have you ever seen a trademark application form? It's horrific, especially if you don't understand the legal jargon. You'll have to fill it out correctly, and it will take you a while before you understand everything. Just remember that every mistake, no matter how small, can lead the USPTO to reject your application. It's tough, and you'll need help from a good trademark attorney. You'll get the right guidance throughout the application process and your attorney will help you fill out the form and draft the paperwork.

Create an acceptable description

Every application has to include an in-depth description of the product or service. This may sound quite simple, but it can quickly become confusing, especially if you don't have experience with it. If the description is poorly written, and it doesn't present the product adequately, with all its features and specific details, the USPTO can reject the application. A good attorney can help you describe the product or service accurately, according to the USPTO's rules. This guarantees that your application is approved.

Are you looking for trade secret protection in Hialeah? Contact us here!

Handling objections

After your application is reviewed by the USPTO, the office publishes it in the Official Gazette. The weekly publication will publish the trademark for 30 days. During this period, anyone can file an objection to your trademark, and it may get messy. Even if your application is perfect, objections can be filed, especially by companies who defend their brands aggressively. Some objections are outlandish, but they can be disastrous for your application. If you want, you can protect your pending trademark in front of the Trademark Trial and Appeal Board, where you will need a good trademark attorney to defend your c ...

News Release: Do I need a trademark attorney?
Submitted on: March 02, 2021 10:45:18 AM
Submitted by: Florida IP Attorney
On behalf of: www.floridaipattorney.com/
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