Trademark refers to a word, phrase or design—or any combination of those things—that identifies your goods or services. This indicates the source of your goods and services. An example of a trademark is Coca-Cola. The benefits of a trademark is that it protects the design from being registered without permission by other people and other people cannot use your trademark for their business or one that is too similar in their businesses.
A trademark is different than a patent or copyright. A patent involves technical inventions, like chemicals or pharmaceutical medications, and much more. A copyright is an artistic, literary or intellectually created work such as novels, movies, music and more. A patent safeguards your invention so that nobody else may sell, reuse or make your device without permission and a copyright protects your right to reproduce and distribute or perform your work.
Your trademark may also be referred to as “your brand,” which is the marketing concept that usually garners feelings about your product or service by the consumer base that you serve. Customers tend to associate your brand with your products, reputation and even your image. A certain brand may make you feel confident, or another may make you feel sad.
When To Hire a Trademark Lawyer
You may be wondering if you are required to have a trademark lawyer in the United States when you are going before the USPTO about your trademark registration. The answer is a bit complicated. If you are a resident of another country, that is not the United States or a United States territory, you will need a lawyer that is licensed in the United States to practice. They will have to present you at the Trademark Trial or Appeal Board proceedings.
However, if you are a trademark applicant, or registrant, and you live in the United States or territories belonging to the United States, you do not need a trademark lawyer. However, it is still encouraged that you acquire a lawyer to help you get through the process.
With that being said, you may be wondering what your lawyer can do for you. Your lawyer can provide you with information. Information such as can your chosen trademark be legally protected. What is the appropriate filing basis for your trademark application? They may also help with preparing documentation, ensuring it is filed correctly, selecting the appropriate specimen that shows just how your product is used commercially. They may also help with questions, especially if your trademark is refused as you may have a hard time understanding why it was refused.
A trademark lawyer in the United States, such as the ones at Kaplan Law Practice LLC, have an important insight into the trademark application process, and can ensure that you are not stressed or filing your trademark wrong. Your lawyer is going to advise you on the scope of your trademark, they’ll defend you against challenges from other groups with similar trademarks, they’ll also prepare and maintain your trademark registration.