Sunday, June 24, 2007

Trademark Lawyer

A trademark attorney may be needed when an entrepreneur or company is labeling a product or service, and wants to own the rights to that label. The qualifications and expertise of an attorney will help those applying for or defending a trademark handle all the documentation and affairs surrounding the process of acquiring the legal rights to a name. The laws involved with registering, handling oppositions, and infringements can be complicated. Securing a trademark lawyer will give companies the confidence and the legal structure to get the name or mark wanted on their products or services.

A trademark is actually the hallmark that a company uses to identify itself or the goods and services that this company represents. This hallmark can be a name or symbol or combination thereof. Name recognition is a very important marketing strategy and when a consumer recognizes the hallmark or symbol of a company, they will either have a negative recall or positive recall, depending upon their experiences with the product or service. Businesses strive to have their distinctiveness perceived as positive when a consumer sees or comes in contact with marks, songs, and images associated with their company. A trademark can set one company apart from another. Because of the power in a name or distinctive mark, businesses that are launching a new product or service will want to make sure that the symbol they choose is original and has never been used with other goods in the past. Businesses will also want protection for their unique marketing symbol, keeping others from falsely using this mark to market other products. So, a company symbol must be researched and registered. And, this can only be done thoroughly with the help of a trademark lawyer.

Legal protection of any mark or symbol used by a company is essential to keeping name association with good products and great customer service. A trademark attorney will be needed to not only register a great mark, but also to act promptly against any infringement. Once an attorney has successfully registered the name or symbol used by his or her client, that attorney will help with any matters concerning infringement, which is the abuse of the specific mark by any other company or individual. Consumers are at risk to being confused or mislead by others who attempt to use the actual protected mark, or a graphic, or word that closely resembles it. Infringements can also include undermining an unregistered symbol to the point of affecting trade, violations of trade practice laws, or the distortion or diluting of an owner's hallmark symbol.

When selecting a trademark lawyer to represent them in the various aspects of registering and protecting marks, owners will need to make their choices based on the lawyer's experience. There are lawyers that have legal expertise and licencing in trademark law, but this by no means indicates that the lawyer is adequately experienced. Because obtaining a protected mark is a detailed legal process, potential owners will have to heavily rely upon the advice and guidance of a trademark lawyer. It will be crucial to have an experienced legal counsel work with all aspects of this area of law.

Pricing structures will not be an indication of how well a registration may be accomplished. A trademark attorney fee can vary from firm to firm and geographically, as well. The more expensive fees may not necessarily indicate a more experienced attorney. Decisions and choices will need to be based upon experience and adequate man power. Most law firms that have specialized trademark teams will have adequate and experienced personnel support. A trademark lawyer is generally, legally regulated and works within this profession only. They are approved by complying with state requirements and the approval process includes being observed in practice and completing a series of exams. Once a trademark attorney has been approved in one state, he or she can generally practice trademark law in other states without repeating the approval or professional process.

Difficult and time consuming tasks, such are registering a mark, can become overwhelming. This is another reason that an attorney will need to be one that stays on top of the process, taking most of the responsibility away from the owners. Company owners will need to focus on other marketing issues involved with getting a product or service into the hands of consumers. When a new product or service is being launched, it is a great time to be thankful to the Lord for His abundant blessings. "O clap your hands, all ye people; shout unto God with the voice of triumph. For the Lord most high is terrible, he is a great King over all the earth." (Psalm 47:1-2) Business owners should take time to be thankful that we live in a time of God's grace and magnificent provisions.

http://www.christianet.com/lawyer/trademarkattorney.htm