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Why should I hire an attorney to help with my trademark?

Posted by Alexander Karana | Jul 03, 2021 | 0 Comments

You should hire an attorney for trademark protection in IP Cannabis

Whether you looking to protect IP in Cannabis, Crypto, NFTs, or other industries a trademark can be a strong IP asset.  Trademarks are simply a design, logo, words, or slogan that distinguish goods and services from others.  Trademark laws are meant to protect the consumer.  Trademark registrations allows you to commercialize your name and enforce against infringers who will cause confusion to consumers. Registering a trademark is not easy. It is a long process that can take over a year. The first step is to file an application to the United States Patent and Trademark Office (USPTO). You cannot get your trademark registered overnight as there are certain formalities and nuances to the registration process.  Hiring a trademark Attorney limits these barriers and nuances. 

What are the benefits of hiring a Trademark Attorney?

In the United States, trademark laws are governed by the Lanham Act. A lawyer can help increase your odds in achieving a successful registration . The advantages of hiring a lawyer are as follows:

  • Hiring a Trademark Attorney will make your trademark searching process simpler.
  • While filing an application, your chances of errors are minimized.
  • A trademark attorney will evaluate the risks of likelihood of confusion
  • A trademark attorney will evaluate the risks of common law trademark uses.
  • A trademarkattorney will tell you if he believes your mark is descriptive, which can also get a refusal.
  • The attorney will inform you of any office actions. 
  • A trademark attorney will increase your odds in obtaining trademark registration.

What if I do not Hire a Trademark Attorney?

A person can register for a trademark without an Attorney. A lawyer is not always required. The USPTO can register your trademark without an Attorney. Nevertheless, having an Attorney has its own benefits. You can reduce your legal obstacles in your trademark. The following are the risks if there is no lawyer:

  • Researching the comprehensive trademark database by you may be time-consuming.
  • It will not help you in avoiding the litigation costs if infringed on the other person.
  • During the registering process, your application may get rejected.
  • You cannot provide, in writing a proper response to Office Action if unsuccessful.

Conclusion - Hire a Trademark Attorney

Trademark registration is a lengthy process. You need to take adequate care while filing an application. Getting the assistance of a lawyer will avoid certain risks. Your lawyer can help you in achieving a successful registration. However, hiring a lawyer is not necessary.

Let Karana IP get you from Application ™ to Registered Trademark ®.

If you have a new brand to protect, Karana IP has the ability to help you choose, protect, and enforce trademarks under state and federal law. Contact Karana IP Law, LLC, today if you have questions about the selection, registration, protection, or enforcement of your mark. If you would like to begin the trademark registration process, please submit a trademark intake form and Karana IP will contact you within 24 hours.

References

  1. https://www.uspto.gov/trademarks/basics/what-trademark
  2. https://www.law.cornell.edu/wex/lanham_act
  3. https://www.legalzoom.com/articles/do-i-need-a-trademark-attorney
  4. https://www.bitlaw.com/guidance/trademark/need-attorney-to-register-trademark.html
  5. https://www.paulandpaul.com/the-top-8-reasons-why-you-should-hire-a-trademark-attorney

About the Author

Alexander Karana

Principal Attorney Alexander Karana is a 1st Generation Chaldean-American who is originally from Detroit, MI. Prior to law school, Mr. Karana worked in the automotive industry on a global scale. His experience includes management and development of long lead vehicle transmissions dealing w...

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