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The Role of a Trademark Lawyer
Because registering a trademark requires extensive knowledge of trademark law and procedures it is highly recommended that you use the trademark services of a trademark lawyer. A trademark lawyer can advise you on many aspects of your trademark filing and on trademark services. For example:

1- A trademark lawyer should be used when choosing a product name trademark or a trademark slogan. Ideally, your trademark lawyer would order a trademark search report. Your trademark lawyer should then counsel you on the results of the trademark search and whether it is safe to proceed with using the proposed mark. He should also counsel you on any questions you may have, such as how to get a trademark, the cost to register a trademark and how to trademark a logo or trademark slogan.

2- A trademark attorney should then help you draft the trademark application. Your trademark lawyer should pay special attention to the description of the product ("goods and services"), for how your trademark lawyer drafts this will affect how likely you are to register a trademark.

3- A trademark attorney can help you ensure that your trademark application is complete. For example, your trademark lawyer should review your specimen and drawing page to determine that they satisfy the requirements of the USPTO. This specimen will differ slightly depending on whether your mark is a trademark logo, trademark slogan or product name trademark.

4- A trademark attorney should be able to work with the USPTO to answer any objections the trademark lawyer for the USPTO may have with your trademark application. Your trademark lawyer should write briefs that address any initial objections to register the trademark.

5- In sum, a trademark attorney will be able to counsel you on all facets of registering a trademark and trademark filing. You may be able to learn about trademark cost, trademark searching, an online trademark search, and the steps to get a trademark by reviewing our trademark faq.

6- Additionally, a trademark attorney can advise you on how to handle certain situations such as receiving a cease and desist letter. A cease and desist letter is written when a party believes their trademark is being infringed upon. A cease and desist letter must be evaluated by a trademark attorney who will provide you with trademark assistance.

Choosing a Trademark Attorney

The best trademark lawyers will be in large cities or in pockets of high technology such as Palo Alto, California.

Inquire whether your trademark lawyer has experience registering trademarks in your industry. For example, a software company would be better served by working with a trademark lawyer familiar with technically complex products and how to appropriately describe the software in a trademark application.

Once you choose a trademark attorney, make sure you receive the high level of trademark assistance you deserve. A good trademark attorney will:
1) Keep you informed of all major developments.
Whether it is examining a trademark search report, filing a trademark application, or defending you against a trademark infringement lawsuit, your trademark attorney should provide you updated information on the status of your trademark matters. For example, you should receive copies of a trademark search report conducted for you, copies of any correspondence to and from the United States Patent and Trademark Office, and copies of your trademark application or trademark registration. Registering A Trademark provides all of its clients with copies of important documents and promptly informs you of any changes in the status of your trademark application.

2) Quickly respond to your emails and phone calls.
Many trademark lawyers, particularly those with a legion of paralegals preparing trademark applications, will neglect to personally answer their client's questions. Seek to find a trademark lawyer who is genuinely concerned about your trademarks and works to successfully ensure that your trademark applications mature to trademark registrations. Ask whether your trademark application and correspondence to the United States Patent and Trademark Office will be prepared by the trademark attorney or instead by one of his or her employees.

3. Let you determine what trademark you will select.
The role of a trademark attorney is to examine the risks involved in using a particular trademark slogan or trademark logo and determine the likelihood of your trademark application becoming a registered trademark. Whatever trademark you choose to select is your decision and is generally based upon marketing goals. Often a client will seek to register a trademark that is risky to use or hard to register because the trademark is ideal for advertising. A trademark attorney examines a trademark search and provides a risk analysis, but the decision of how to proceed belongs to the client.

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