As a business owner, you have a host of ideas and plans for your business. But, the execution of these ideas is meaningless if customers cannot identify the quality and uniqueness of your business brand. Therefore, it is important to create that unique identity before you take your business to the next level. You can achieve this by trademarking.
Trademarks help consumers identify and distinguish the source of your products or services from those of competitors. It can equally help you grow your brand and build credibility for your business. By registering a trademark for your business, you can legally protect your mark from being used on other businesses’ products or services.
But what’s the best approach to securing a trademark? Since there needs to be a local search and USPTO database search for already registered marks, if you live in Denver, for example, then hiring a top-rated trademark attorney Denver has, might be the best approach for the following reasons:
Registering a trademark has simple enough procedural steps that anyone can take up. However, there are certain legal terms associated with trademark law and the registration process that might pose some difficulty to a non-legal practitioner.
A trademark attorney has specialized knowledge about trademark law and the registration process that can help you to navigate the complexities of the legal system and increase the chances of your trademark being approved.
They can help businesses ensure that their trademarks are properly registered and that they are not infringing on any existing trademarks. This can save your business time and money in the long run, as it can prevent costly legal disputes and protect the value of your brand.
The trademark registration process can be time-consuming. This is so because the steps that lead to trademark registration can be cumbersome. These typically involve conducting a trademark search locally (or by state) and on the USPTO database available on their website for already existing trademarks.
Also, everything from scanning social media networks for any semblance of your chosen mark to filing a trademark application might be necessary if your business plans to have an online presence. These processes of trademark registration can be tedious and time-consuming when applications are filed incorrectly, any ambiguous details could lead to an office action.
An office action can delay the time it takes to process your application and successfully register it. But a trademark attorney can handle the legal work and paperwork, allowing you to focus on running your business while evading those pitfalls that can delay your application.
3. Increased chances of success
As mentioned earlier, it is necessary to carry out a trademark search before proceeding with applying. Not only does this save you time, but it also increases the chances of getting your trademark registered.
A trademark attorney is better equipped to conduct a comprehensive search to ensure that your trademark is eligible for registration and not already in use by someone else. They are more knowledgeable about the most reliable and accurate tools they can use to carry out this search.
Furthermore, a trademark attorney can help if you receive an office action. A trademark attorney can help you respond to any legal challenges or objections that may arise during the registration process while addressing all the concerns raised therein.
While hiring a trademark attorney may involve upfront costs (either a retainer or payment on an hourly basis), it can save you time and money in the long run. An attorney can help you avoid costly legal mistakes and disputes that are not only injurious to your business reputation but will cost you money in the long run.
5. Ongoing support
A trademark attorney can provide ongoing support to ensure that your trademark remains in good standing and is not infringed upon by others. They also handle the legal aspects of trademark protection and enforcement on behalf of a business.
This support includes representing a business in legal proceedings related to trademark disputes and negotiating settlement agreements with other parties. Seeing through the process of renewing the rights to a trademark after its initial validity period is also included in the support a trademark attorney can render to your business.
6. Enforcement of trademark rights
Another benefit of hiring a trademark attorney is that they can provide valuable guidance to businesses on how to protect and enforce their trademarks. It is one thing to successfully register a trademark, it is another to see that the rights to that trademark, which have been legally bestowed on your business, are enforced.
Trademark attorneys can equally help businesses identify any potential issues or challenges that may arise and provide guidance on how to address them. For example, a trademark attorney may advise a business on the best ways to monitor and protect their trademarks from infringement or dilution, or they may guide how to negotiate licensing agreements with other businesses.
7. Development of long-term trademark strategy
It is not out of place for any business to have long-term plans for its registered trademark. Beyond just using your trademark as the identifying element of your business, you can choose to get more value out of it by getting a license to allow other business entities to permissibly use your trademark.
In this case, you, the trademark owner, are the licensor who can permit a licensee to use your trademark for a stipulated period as will be agreed upon in the licensing agreement. This strategic arrangement allows you to commercialize your trademark.
Additionally, a trademark attorney can help you negotiate a good deal with interested parties if you want to sell your trademark rights when you no longer wish to continue running your business.
There are a lot of rigors and peculiarities with registering a trademark. A trademark attorney can save you the stress of the entire process of identifying the class of your goods or service. This is in addition to taking charge of drafting the description of your goods or service.
Conclusively, hiring a trademark attorney is assuredly an invaluable asset to your business branding and protection. It is convenient and, most certainly, efficient.