Why Lawyers Are Important to Trademark Law

A trademark attorney is a legal professional who focuses on filing, maintaining, and protecting trademarks with the U.S. Patent and Trademark Office. When you are considering applying for a trademark to protect your intellectual property, your brand, your image, as well as your products, and distinguish yourself from the competition, you need to make sure that trademark has not been taken by someone else, so you don’t face the threat of infringement later on. This is a case where ignorance is not bliss. Therefore, to make it easier to register a trademark and protect a brand, contact a trademark lawyer – when they identify a potential conflict, you might even get some new creative inspiration of your own to come up with new kinds of trademarks.

Trademarks can even reside in the digital domain; for instance, trademarking can be applied to website domain names. So does trademark law, as there have been several publicized instances where major corporations sue smaller companies and individuals – or send them a cease and desist letter – for inappropriately using their trademarked IP.

You generally don’t want to go it alone when it comes to enforcing a trademark

Technically, when you put a “™” symbol next to your intellectual property, that can make it an implied trademark under common law. However, protection is not guaranteed. Someone with a USPTO-registered trademark will have power over your unregistered trademark. In addition, you may not have as much power over someone who is potentially infringing on your trademark. Therefore, when you’re in a highly-competitive space, you want the best protection you can get for your intellectual property. Registration with the USPTO is the best option.

When, for example, you are in Harris County, Texas, Googling “trademark lawyer near me” in the Houston area will find you a trademark attorney in Houston (or near the city) that can assist greatly in registration with the USPTO, especially one with deep knowledge of the local, statewide and national business climate. Lloyd & Mousilli in Houston takes the work out of trademark registration for you. They are experts in technology law and IP registration & protection. With their extensive knowledge of trademark registration, the legal services of these IP lawyers include doing a trademark search with the USPTO, and advising as to any potential conflicts so that you can find alternative ideas for trademarks to register.

A trademark can be a phrase, a symbol, a logo, a design, or a character – basically a visual or verbal representation of your business. The most important thing to know about trademark registration is it has to already be in use in commerce before filing with the USPTO. A lawyer can advise you as to this.

What about trademark infringement?

In the event your trademark is being infringed on, or someone else believes you are infringing on your IP, having a qualified trademark lawyer or IP attorney to represent you in court will always make it more manageable. Trademark litigation attorneys at Houston Trademark Attorney can fight for you for the most favorable outcome. While they do their best to ensure the client is billed reasonable fees, not exorbitant costs, they will take every extent available to negotiate amicable terms – a process that involves modes of alternative dispute resolution, such as mediation, negotiation, and arbitration. 

In general, though, you want to really know and understand your marketplace upfront, and how competitive it is, in order to prevent yourself from experiencing these kinds of litigation cases – and even then, trademark litigation is generally not the first option, as it is the last resort when all other means of dispute resolution have been exhausted. You want to book a consulting call with a trademark attorney to be well-prepared in the case of a trademark infringement lawsuit – essentially, aiming for the best and easiest, and being prepared for the worst, so you won’t be intimidated.

Call Trademark Lawyer Houston today for an overview of legal fees and trademark registration expectations.