The first thoughts that come in mind, when one hears the words, ‘trademark attorney' are usually- "must be very expensive, I can't afford one!" However, in reality what you really cannot afford, is not hiring a trademark attorney to protect your most valuable business asset-your trademark! The Wikipedia definition of trademark is as follows: "A trademark, trade mark, or trade-mark is a recognizable sign, design or expression which identifies products or services of a particular source from those of others." "The trademark owner can be an individual, business organization, or any legal entity," the website explains.
Trademarks Help Carve Out Your Unique Commercial Identity
If you are amongst those who wonders why, a trademark is so important? Any good attorney on the subject will tell you- it is because your customers identify you with it! Irrespective of whether your trademark is designed as a word, logo or slogan, your trademark differentiates you and your products / services, from your competitors.
A trademark establishes your distinctiveness, earns you customer loyalty and forms an emotional connect with your target market. This emotional connect is sometimes, beyond the limitations of geographical borders, diverse cultures and varied languages. Little wonder then, that trademarks are considered such critical leverageable assets!
An Established Trademark Increases the Profitability of Your Business
Having such an asset improves your chances, of strengthening your sales volumes; increasing your profit margins; and legally enhancing or maintaining the prices of your products or services in the marketplace! Trademarks increase your visibility on the world-wide-web too! More and more businesses today, are using trademarks to attract a steady stream of online visitors and are successfully converting them into online buyers!
Having a Trademark Attorney Improves the Chances of Successful Registration
While it is not compulsory to register your trademark, ‘The United States Patent and Trademark Office' informs that: "… owning a federal trademark registration on the Principal Register provides several important benefits." And while using an attorney to register your trademark is not compulsory, it certainly increases the chances of successful trademark registration.
An Attorney in the Sphere Cuts through the Legal Jargon
An attorney proficient in this area can best simplify the legal jargon where trademarks are concerned! Consulting him/her on the matter can also help you understand, why getting your trademark registered, is a comparatively reasonable investment to make, in terms of the long term benefits it offers.
Once your trademark is registered, it becomes a public declaration of your right of ownership over the mark. Thereafter, as your attorney will inform you, it is legally assumed that you are the owner of the mark and enjoy the exclusive right to use it nationally with regard to the goods/services recorded in the registration. Registering your trademark also entitles you to take legal action against anyone who infringes your mark.
Other Benefits of Using Professional Legal Help
While you always have the choice of getting your trademark registered yourself; employing the services of an attorney is a better option in the long term. Not only does it save you valuable time, energy, and hassles; but also prevents you from making expensive mistakes. A legal expert has the relevant experience to represent you; and prior to that, advice you during the trademark application process.
He/she is also better qualified to counsel you on -what you need to trademark, checking your trademark; helping you on using the appropriate terms to describe your goods and services; registering your trademark; educating you on the obligations you have; and assisting you in the policing and enforcement of your trademark rights. Trademark attorneys can also help you avoid litigation in the future and suggest intermediate remedial measures to protect your interests.
This article was written by Mike Jagley, a legal writer, who believes that taking advice from a trademark lawyer prevents one from making costly mistakes.
