Find Trademarks Attorney By Jennifer Lynn-Jennings
An intellectual property lawyer works with trademark and copyright law, among other topics. Such an attorney might be retained by either an individual or a company to protect a patent of interest. In protecting a trademark, a lawyer works not only to protect the rights of the inventor, but also to prevent the general public from a product that is fraudulently using the identification, or brand name, of another.
Trademarking Your Business
Trademarking your business is not required; the ownership of a name, such as Nike or Tabasco, begins as soon as it is used publicly. You can also use the trademark (TM) or service mark (SM) symbols without officially registering with the government. However, to protect your interests, it is advisable to file a trademark or service mark with the U.S. Patent and Trademark Office. The advantages of registering your name include:
• The equivalent of a public announcement of ownership of the brand name;
• The right to bring legal action against anyone co-opting use of your brand name;
• The right to register in other countries where registration may be mandatory in order to sell your goods or services;
• The prevention of foreign-based goods and services from using your name and flooding the market (such an issue was prevented by the McIlhenny Company, the makers of Tabasco, several years back).
Consulting a Trademark Attorney
While using a trademark lawyer is not necessary for filing a trademark in the United States, doing so should allow for a faster, more successful, and efficient filing. A good attorney will ensure that you have a valid trademark that has not been previously filed, and will properly fill out and record the appropriate paperwork. To find a trademark attorney, ask business owners with whom you are acquainted for recommendations, and conduct a search within the American Bar Association.
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