A trademark attorney is a lawyer with specialized knowledge and skills in trademarks, which are protected words, symbols, or phrases used by a company to differentiate its products from those of a competitor. While a trademark attorney can assist with a wide range of issues, filing a trademark application is one of the most common. In addition, if trademark infringement or dilution occurs, he or she may be involved in litigation. An attorney may work on issues relating to service marks in addition to trademarks. A service mark is a designation that is used to distinguish a type of service from a specific product.
A trademark attorney can assist in the proper registration of an application with the appropriate national or international trademark office. Generally, the attorney advises his or her client on the likelihood of the application becoming a registered trademark during this process. In addition, the attorney usually assesses whether there are any risks associated with using a particular slogan, word, or logo. The lawyer can also assist the client in determining whether the proposed mark might infringe on the rights of another person or entity. The attorney files the application and communicates with the trademark office as needed if the client decides to pursue the mark.
A trademark attorney will frequently choose to specialize in a specific industry. An attorney, for example, might choose to concentrate on technology products and services. Having a niche practice area can help the attorney present the product in the best light when filing a trademark application.
A trademark lawyer can represent either the plaintiff or the defendant in a trademark infringement or dilution case. The attorney’s job entails evaluating evidence and formulating a case theory for his or her client. Preparing and filing any necessary paperwork with the court, facilitating the discovery process, and interviewing or deposing witnesses are among the other responsibilities. If the case proceeds to trial, the attorney will appear in court on behalf of his or her client. If the case is settled outside of court, the lawyer is usually the one who leads the negotiations on behalf of his or her client.
Attorneys who specialize in trademarks are frequently also experts in other areas of intellectual property law, such as copyrights and patents. In terms of copyright law, an attorney can assist a client in obtaining exclusive rights to a particular work, such as a book or song. In most patent cases, an attorney assists his or her client in obtaining exclusive rights to an invention.