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A trademark attorney specializes in trademarks and service marks, handling tasks such as filing trademark applications and representing clients in infringement cases. They may also specialize in a specific industry and have experience in other areas of intellectual property law.
A trademark attorney is an attorney who has specialized knowledge and skills regarding trademarks, which are protected words, symbols or phrases adopted by an entity to distinguish its products from those of a competitor. While a trademark attorney can handle a number of issues, one of their most common tasks involves filing a trademark application. In addition, he or she can handle litigation issues if trademark infringement or dilution occurs. In addition to dealing with trademarks, an attorney can work on service mark issues. A service mark is a designation used to identify a type of service rather than a specific product.
A trademark attorney helps ensure that an application is properly registered with the applicable national or international trademark office. During this process, the attorney usually advises his client on the likelihood of the application becoming a trademark. In addition, the attorney will usually assess whether there are risks involved in adopting a particular slogan, word or logo. The attorney can also help the client determine whether the potential trademark may infringe the rights of another person or entity. If the client decides to proceed with the trademark search, the attorney will file the application and communicate with the trademark office as necessary.
In many cases, a trademark attorney will choose to specialize in a specific industry. For example, a lawyer might choose to focus on technology products and services. Having a specific practice area can allow the attorney to better present the product when the trademark application is filed.
In an infringement or dilution case, a trademark attorney can represent a plaintiff or a defendant. In this role, the attorney must evaluate evidence and develop a theory of his client’s case. Other responsibilities include preparing and filing any appropriate documentation with the court, facilitating the discovery process, and interviewing or deposing witnesses. If the case goes to trial, the lawyer represents his client in court. If the case is settled out of court, the lawyer usually leads the negotiations for his client.
Trademark attorneys often have experience in other areas of intellectual property law, such as copyright and patents. With regard to copyright law, an attorney can help ensure that their client has exclusive rights to a specific work, such as a book or music. A lawyer working on a patent case often helps his client secure exclusive rights to an invention.
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