When registering a trademark with the government, you don't usually need to go through an attorney; often you can simply upload a trademark design along with some paperwork to a government website and be protected. However, there are some very good reasons to consider using the services of a trademark attorney when you've created something unique for your business. Note a few of the advantages of using such a professional and how they can protect you.
1. Trademark specimen
Sometimes a person registering a trademark will be asked to submit a trademark specimen. This refers to more than just your logo or design, but a real-world example of how the trademark will be used. For example, if you're selling a product, you may be required to show the trademark on packaging, the clothing that will have your trademark, and the like. If you're performing a service, the specimen may include a business card or brochure. An attorney can help you determine when a trademark specimen will be required and the type of specimen you can submit so that your application is not delayed or denied.
2. Transfer of ownership
If you should pass away or want to get rid of your business, what happens to your trademark? Assigning or transferring ownership of that trademark is always a good thing to consider when you're ready to register it and use it with your business. An attorney can help you to determine the best way to legally assign the trademark and the circumstances under which it should be transferred or assigned, or not. For example, if you sell your business, should the trademark go with it or would you prefer the trademark only be associated with your ownership of the business? A trademark attorney can advise you on your choices in this regard.
3. Business name versus trademark
You may have many misconceptions about how the trademark and your business name work with each other, and a trademark attorney can ensure you understand your obligations when registering a business name and a trademark at the same time. For example, just registering a trademark, even if it includes the business name, doesn't automatically mean that the business name itself is now registered with your state. Having the business name alone registered also doesn't mean that you're automatically free to use your trademark with the name in it, if the design itself is similar to someone else's. A trademark attorney can explain these things in detail to you so you better understand how business names and trademarks work together and work separately.Share
3 March 2016
My brother wrote a really awesome app last year, and he got a whole lot of downloads straight away. It's been pretty awesome for him to see so many people enjoying his work. I have been helping to get him some advice on how to manage his copyright issues so that he can make the most of all of the characters and ideas that he has put so much work into. It's been really interesting seeing how much work there is behind the scenes in protecting copyright. I hope you find it useful in thinking about how to structure your own business and get relevant legal advice.