There are many different hats that an attorney can wear as your IP lawyer. From assisting in registering your trademark to pursuing litigation against those who are infringing on your intellectual property, retaining the services of a trusted trademark attorney ensures that you have an expert on your side through every step of the way.
You can take the steps to register your trademark without the help of an attorney. While many people choose to do this on their own, there are some important considerations to be made before starting the process without consulting an attorney.
Any time a trademark is registered, there are numerous pitfalls to avoid and details to be aware of – each aspect of the registration process presents with itself the opportunity for complications and errors that can delay or interfere with your trademark’s approval.
The best way to avoid any trademark issues in the registration process is to work with an expert in the field. An attorney can work with you to find the proper forms for your filing, ensure that your application is completed error-free, and help draft a goods and services description that will keep your trademark effective and legally secure.
What’s more, working with an attorney from the start will not only give you the security of a strong trademark but can provide you with the confidence of knowing that you are going through the process with an expert at your side.
If you believe that your trademark is being infringed upon, you have options for legal action.
Typically, the first step you will take is to create a Cease and Desist letter to be sent to the infringing party. In the Cease and Desist, you will notify the infringing party of your legal right to the trademark and advise them to halt all utilization of your intellectual property at once.
If this letter is ignored or insufficiently responded to, you will likely need to pursue IP litigation and file a lawsuit.
To begin the litigation process, it is imperative that you contact an attorney if you have not retained one already. Through the suit, your attorney will work primarily to ensure that the use of your trademark is discontinued.
In addition to stopping the use of your trademark, there may be opportunities to collect damages. For this to be considered, you will need to show that your business suffered financial losses due to the infringement or that the infringer made a profit from using your trademark.
In any case, it is vital to reach out to an attorney who practices in IP and Trademark law as soon as you believe any infringement is taking place. A lawyer will evaluate your case and help you determine the best course of action.
Trademark licensing can provide exciting opportunities for the growth of your business or venture. The most critical part of these steps toward expansion is to ensure that you create an environment of legal security that will protect you and your ideas from confusion, complication, and loss.
Licensing agreements are the documents that set out the terms and conditions of the use of the trademark by another party. These documents set clear expectations and provide a resource for both parties to refer to when drafted properly. However, a weak licensing agreement can leave owners of a trademark prone to disagreements and situations that extend far beyond their intentions.
The best way to ensure that your licensing agreement will be safe and effective is to contact a legal professional with experience in the field. Working with an attorney who offers services as an IP consultant can provide you with the expertise you need to fashion licensing agreements that will be legally secure and work to prevent any conflict from arising in the first place.
Our firm is pleased to offer a comprehensive suite of trademarks and IP law services. If you are interested in speaking with a highly-rated attorney about your IP questions, don’t hesitate to contact our office in Baltimore, MD, and schedule a consultation today!
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