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Trademark vs. patent lawyer: what’s the diff?

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A trademark attorney helps clients obtain trademarks for names, logos, and slogans, while a patent attorney helps clients file patents for tangible products. The expected knowledge base and documentation requirements differ between the two. They can work together to protect both the brand and the product.

The main difference between a trademark and a patent attorney is the type of product he represents. A trademark attorney helps clients obtain trademarks, which often means logo or trade name exclusivity for companies. The patent attorney is responsible for helping clients file a patent for a tangible product.

A trademark attorney is used when a client wants to secure a product’s name or logo. Slogans also fall under trademark law and would be something a trademark attorney would handle. Once a tagline, name, or logo is chosen, the trademark attorney searches to ensure it is available and has not already been registered by another company. He or she completes the appropriate application and files it with the application fees.

Another difference between a trademark and a patent attorney is the expected knowledge base. The trademark attorney must know everything about trademark law. Regional laws, education and certification requirements apply. A patent attorney generally understands a lot about trademarks, but is more well-versed when it comes to product patent law.

Patent attorneys are involved in ideas, inventions and products. When a client develops a product, the patent attorney helps register it with the patent office to ensure that no one else can claim it. While a trademark attorney deals with trademarks, such as a logo, a patent attorney deals with tangible products, such as the development of a new drug or the invention of a new type of dog bathing device. The trademark and patent attorney can work on the same team: one to register the product brand and the other to patent the product itself.

The amount of documentation required is different for a trademark attorney and a patent attorney. Trademark attorneys fill out an application detailing the company name or logo the client wants to protect. The patent attorney is expected to provide not only the application but also the product prototype design to ensure that all product details are included in the patent.

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