Protect Your Brand: How a Trademark Lawyer Can Help
Owning a business comes with many challenges, including standing out from your competition. You may have the best products or services on the market but your branding plays an important role in communicating your value to clients or customers. If you haven’t taken the steps toward trademark registration to protect your brand, including your business’ name, logo, tagline, design, and other identifying information, you run the risk of having your intellectual property stolen and your reputation damaged.
This is where a trademark lawyer can help. In addition to assisting with the technical aspects of preparing and submitting a trademark application, an experienced business attorney brings years of expertise that can help ensure a successful outcome.
The Steps Involved With Trademark Registration
Preparing Your Application: The first step toward submitting a trademark application is to perform your due diligence and prepare your application. This includes evaluating the goods and services you’re trying to protect, as well as researching potential conflicts and competitors that may prevent your application from being approved. Filing Application: The next step is to prepare and submit your trademark application to the U.S. Patent and Trademark Office (USPTO). The process can be complex and time-consuming. Responding to USPTO: If the USPTO has any questions or requires additional information to approve your trademark application, it’s in your best interest to respond right away (but definitely before their deadlines) and with the most accurate information possible. Trademark Renewals: Once approved, you must follow some important steps to maintain your trademark, including using it in commerce and provide proof of use at specific intervals. If you don’t comply, your trademark can be canceled. Legal Representation: While these steps may not appear too complicated, there are nuances involved that a trademark attorney can help you understand for the most efficient, successful outcome.Challenges to Your Trademark Registration
Bear in mind that, according to the USPTO, about 50% of trademark applications are initially rejected due to some common problems. Oppositions: Anyone may file an opposition to a trademark application within 30 days of publication. Oppositions may be filed for reasons including likelihood of confusion with another trademark, mere descriptiveness (not specific enough), lack of bona fide use or intent to use. Infringement Cases: This common challenge means that a trademark is too close to another existing trademark, or there is unauthorized use of an existing trademark. Trademark Enforcement: A common initial action to enforce proper use of a trademark is to send a cease and desist to the offending party. A next step beyond that is to file a lawsuit against the offending party.How Basecamp Legal Assists with Trademarks
Our experienced team at Basecamp Legal is well-versed in the steps leading up to trademark registration, as well as what’s involved with protecting your trademark once obtained. We take a tailored approach to each trademark scenario with personalized services including:- Comprehensive clearance searches to ensure the uniqueness and registrability of a trademark.
- Efficient registration processes and ongoing trademark management that align with your goals and business objectives.
- Legal expertise in trademark law means we know how to move quickly to help ensure your success. We can handle the most complex situations, and we will be open and honest with you throughout the entire process.