Despite the fact that you can technically file for a trademark without hiring an attorney, the processes and formatting requirements can be tough to meet. You need to file using the correct foundation and product or service description. If your application is incomplete or contains problems, it may be delayed or denied. A trademark lawyer in Austin will not only register the application on your behalf; they will also guide you throughout the procedure, from submission to approval.
How a Lawyer Can Help You Register Your Trademark
An attorney can help you with the trademark registration procedure in a variety of ways. They can:
- Conduct a trademark search to ensure that yours is unique and meets the likelihood of confusion standards. Although you can conduct this search yourself, it can be time-consuming, and your attorney can execute more thorough investigations.
- Determine any potential issues with your trademark registration. Someone else’s common law or state trademark rights, for example, may not be registered with the USPTO and hence will not appear when you search the USPTO’s Trademark Electronic Search System. A trademark lawyer in Austin can do a trademark search more thoroughly.
- Assess the strength of your trademark and provide recommendations for a powerful mark.
- Assist you in completing the form correctly. Your form will likely be rejected if it is not correctly filled out.
- They can assist you in contacting the USPTO. The USPTO may issue an enquiry or a refusal. Your trademark lawyer in Austin can design a response that could mean the difference between acceptance and rejection in both cases.
- Assist you in selecting the appropriate trademark. They’ll be familiar with the trademarks and characteristics that the USPTO is inclined to accept. Before applying, your attorney will check your grade for eligibility, minimising your chances of being rejected.
- They can come up with a description that will be acceptable. The application procedure relies heavily on precise definitions. Many applications may be denied due to insufficient or ambiguous explanations. Therefore this is a vital component to nail.
- Discuss how you should use your trademark to protect it as much as possible.
- Prepare and submit a trademark application that complies with all USPTO rules.
- Assist you in determining the possibility of your trademark registration being successful.
- Respond to any difficulties that arise after your trademark application has been submitted and allocated to an examining counsel at the trademark office.
Conclusion
There are various reasons why a trademark applicant must hire a trademark lawyer in Austin to help with trademark prosecution or trademark filing and registration with the United States Patent and Trademark Office. It’s a great idea to start consulting with trademark counsel far ahead of the application deadline to ensure sufficient due diligence is carried out through a trademark clearance search.
