What Do You Mean By A Trademark In The US?

By the term trademark, we refer to any name, logo, word, symbol, or slogan utilized for identifying services or products of any seller.

Although the number of trademark lawyers might not be more than the number of general physicians out there, there are sufficient numbers of them available in your locality, which might lead you to think about whether you are working with the most competent trademark lawyer. You need to consider several aspects while choosing a reliable trademark legal professional in your area. For example, you might want to know what are the numbers of years they have been operating in your area and also how many customers they have satisfied in the past.

It is not simple to find the best trademark attorney right now, and, in this blog, we have mentioned several questions that you might ask them to find out the best. So, let us not waste time and look at the questions right here.

1. What Databases Are Used By Them For Evaluating Risk?

It is a fact that no competent trademark legal practitioner is going to depend on free databases only since they don’t have the required functionality required for making thorough evaluations. Although it is possible for government databases to figure out whether you’re using your exact candidate, it is not feasible for them to assess visual or phonetic similarities. Moreover, they do not offer any notifications as to linguistic or cultural misapprehensions.

2. What Is Their Experience In Managing Trademark Law?

Lawyers are known to specialize in some particular departments just like any other profession out there. Although it is not imperative to find any trademark attorney who works with trademark law exclusively, it will be a good idea to come across one with adequate experience under his belt.8

While most attorneys will be able to comprehend the registering process of a trademark, not many of them will be acquainted with the technicalities involved in the clearance and search procedures. Make sure to find somebody who will be able to perform the following:

  • Comprehend all the aspects involved in making the trademark “high risk.”
  • Will be able to search for available and innovative marks for you
  • Comprehends how to handle oppositions, invalidations, and give revocations appropriately
  • Comprehends the particular applications that are involved in international marketplace registrations

3. What Are Their Charges?

The charges of a patent lawyer will depend on how fast you want to get the results. In case they provide you with quick results (within a couple of days), then you might be required to pay something more than what is normal. Or else, the turnaround time will be approximately one week in general.

The charges will also depend significantly on the complexity as well as the size of your business. For this, it might be imperative to ask them several specific questions, which are as follows:

  • How much do you charge for filling the trademark application in case the candidate is good?
  • How much will you charge per hour for managing feasible office actions?
  • How much will you charge for doing an additional search in case the candidate is bad?
  • How much will you charge for watching a trademark after it is eventually registered?

4. Are They Going To Search App Store Databases?

No contemporary trademark clearance search will be complete without verifying the app stores for any identical trademark use. According to recent research, approximately 50% of adult mobile phone users in the US have apps on their smartphones.

5. Are They Going To Search Common Law Databases?

It is a fact that common law rights will be granted to trademarks automatically, which are used without any federal registration in the US. They would extend to any individual who will be able to prove first actual use in commerce.16

One can consider the US to be a “first in time, first in right” nation. The court of the state is going to protect the trademark legally so long as there has been an exchange of money for a service or product. This implies that there is no need for the business to get its trademark registered to receive the first priority of usage in its geographical location.

Let us hope that this guideline mentioned in this article should help you in coming across the most reliable intellectual property lawyer in 2022. Try to come across trademark lawyers in the US that will provide initial free consultation services. This kind of conversation will allow you to explain some basics of your present situation and what kind of legal services will be required by you.

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