As far as the legal aspects are concerned it is not mandatory for any person to hire a trademark attorney. According to the trademark act 1999, any person can file a trademark application all by himself. But there is the number of reasons that make it in your best interest to hire one. At the initial stage, most of the entrepreneurs are facing the cash constraints. Due to which they tend to skip the expenses that act as an extra cost to them. They even wonder that why is trademark registration necessary in India?. However, it is important for them to understand that hiring a trademark attorney is not at all an extra cost rather it is an integral part of the company’s efficient management. This is because the startup’s intellectual property is critical to its success. By investing a certain amount at an initial stage only they can reap the benefit for lifelong. A good attorney will understand that you have limited resources and thus will act accordingly.
Are you still not convinced? Don’t worry! Here we provide you the list of reasons that make it a sensible idea to hire a good trademark attorney- Attorney conducts better trademark search- One of the most critical aspects for getting the trademark registration is checking the name availability. The professional will use his skills to ensure that you choose the trademark that is not similar or identical to any existing trademark. If you will opt the DIY technique and check through the trademark database you will find the names that are exact matches for what you input into the system. It will not show you the results for similarities in spelling, sound-alikes, letter replacements or omissions that are considered by the trademark authorities acting like confusing marks. The attorney will guide you to file trademark application- Any normal person may find it tedious and confusing to file a trademark application. This is because you need to file all the details correctly, gather the documents, chose the correct details and lot of other things. Hiring the attorney will take away all your hassles of filing the application. He will use his knowledge to choose the correct classes of goods and services and reduce the chances of objections for these reasons. Further, being diligent and experienced he will reduce the chances of any third party oppositions. The attorney will help you in covering all the goods and services- At the time of filing an application many times, the applicant fails to obtain for all the products and services he desires because of his incomplete knowledge. When you hire an attorney you can just tell him the classes of the products for which you desire to use the proposed mark. At the time of filing the application, he will consider the same and obtain protection in every class. Use of trademark- It is of utmost importance to stay vigilant about the correct use of the trademark symbol and the trademark infringement. He will guide you about the correct of the Tm and R symbol against your trademark. Moreover, he will keep a watch on every person who is trying to infringe your trademark by applying for its registration or using it without your authorization. The correct use of the trademark is equally important as obtaining its registration. Trademark attorney ensures the best utilization of your resources- When making an application for the trademark and go ahead with the procedure there is a lot of costs that are invested in it. The guidance by trademark attorney will lower the chances of objection and opposition on your application thereby reducing the time and resources invested in it. Thus, you cannot underestimate the importance of hiring the trademark attorney.
2 Comments
9/15/2022 03:07:53 pm
Thanks for mentioning that hiring a trademark lawyer will help take away all of the hassles when filing a trademark application. I've been working on my T-shirt brand for about three years, and I want to get my logo trademarked. I'd really like to talk to a lawyer to help me figure out the process.
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9/11/2023 10:41:41 pm
Starting a business involves creating a clear business plan outlining your product or service, target audience, and financial projections. Register your business, choose a legal structure, and secure necessary permits and licenses. Develop a brand identity, including a logo and website. Secure funding through personal savings, loans, or investors. Set up a business bank account and track finances diligently. Build a strong online and offline presence, market your business effectively, and continuously assess and adapt your strategies to achieve sustainable growth.
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