Trademark is a part of intellectual property. Any individual specialized in legal areas of the trademark ranging from filing for trademark to protecting it is called as the trademark lawyer. The current market is flooded with companies and their unique logos, catchy slogans, names and themes. Here trademarks attorney will help them to secure their trademark property and takes adequate actions against the infringements if any.
Securing your trademark property:
Trademark includes multiple types of intellectual properties so an experienced lawyer specialized in trademark field must have knowledge about each of them.
- Trademark – Trademark refers to the distinguished name, logo, catchy slogan and phrases of the company associated with its products or services. Though you don’t need to register your trademark for making it trademark property but registration will give make it more secured. Usually, we noticed a logo “TM” accompanied with the merchandise or service of the company, it denotes that it is company’s trademark property but not registered. On the other hand, when we observed (®) r-circle linked with service or product, it refers that this trademark property is registered with the United States Patent and Trademark Office.
- Service Marks – Service marks are different trademark properties that are not related to any products having logo or slogan. It is related to the advertising of the company for example if any company is not dealing in product rather offering services so it can secure its special logo or slogans under the trademark property. An experienced trademark lawyer will surely distinguish the terms and make you understand precisely.
- Trade Dress – It refers to the unique and peculiar appearance, look, design and color scheme of the company’s product whether it is packaging or other. Thus, these all kinds of trade dress fall under the ambit of the trademark law and can be protected.
- Trade Name – Whenever you start your business, you will surely use any name that would be considered as the trademark name. However, the registered name and operating name of business could be different but both names would come under the trademark property of the company. For example, you registered your company with name “X” and operating in market with name “Y” both names would be considered as your trademark and will be encompassed under the law.
Registration and litigation:
Usually, there are two phases of any intellectual property law such as litigation and filing for registration. Any trademark lawyer will be specialized in one or all fields.
Registration – Here the role of the specialized attorney will be arranging and organizing the vital documents required for filing the registration of trademark property.
Litigation – The Attorney specialized in litigation process of trademark lawyer will be tackling all the lawsuits whether filed over the company or company intends to register case against anyone in case of infringements.
Moreover, the attorney is not only for handling and undertaking the legal procedures when circumstances arises but an prudent lawyer will keep assisting his/her clients throughout the business operations in order to prevent any cases and secure the trademark property.