{"id":358058,"date":"2016-04-04T10:46:22","date_gmt":"2016-04-04T15:46:22","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/hirealawyer\/choosing-the-right-lawyer\/trademarks.html"},"modified":"2023-08-29T15:37:22","modified_gmt":"2023-08-29T20:37:22","slug":"trademarks","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/hirealawyer\/choosing-the-right-lawyer\/trademarks.html","title":{"rendered":"What Does a Trademark Attorney Do?"},"content":{"rendered":"\n
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What Does a Trademark Attorney Do?<\/h1>\n\n
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\n By Amber Sheppard, Esq.<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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A trademark is a word, name, or symbol that identifies your business\u2019s goods or services and distinguishes them from competitors. A trademark lawyer guides you through the registration process and helps protect your rights if someone infringes on your mark.<\/p>\n\n <\/div>\n\n\n\n

Trademark protection gives you exclusive rights to use that mark in commerce. It also helps prevent others from using something confusingly similar<\/a>.<\/p>\n

Trademark applications and the trademark registration process can be overwhelming even for seasoned business owners. A trademark lawyer can help entrepreneurs\u00a0navigate the\u00a0trademark application process and determine<\/span>\u00a0how to protect their\u00a0intellectual property<\/a>\u00a0along the way.<\/p>\n

This article explains what a trademark is and what it can do for small business owners.<\/a> You’ll also learn how a trademark attorney<\/a> can help with this process, and what to look for when seeking the right attorney for your brand.<\/p>\n

Do You Need a Licensed Trademark Attorney?<\/h2>\n

Before starting your search for trademark legal services, determine if you need trademark services. Would having a federally registered trademark be beneficial to your business? If this is your first time seeking an international trademark<\/a>,\u00a0speaking\u00a0with an intellectual property attorney is in your best interests.<\/p>\n

What Is a Trademark?<\/h3>\n

A trademark is any word, name, or symbol used in commerce to identify and distinguish a business product. A\u00a0trademark<\/a>\u00a0can range from a business name to a business logo.<\/p>\n

Trademark rights may prevent others from using a confusingly similar mark of the same type of goods or services (service mark) in commerce. It gives the person the exclusive right to the mark. A trademark cannot prevent someone else from making the same goods, nor can it stop\u00a0another person from selling the same goods or services under a different mark.<\/p>\n

Most trademarks can get\u00a0state-level trademark protection<\/a>\u00a0in the states where the business sells the goods. Trademarks in interstate or foreign commerce can register with the U.S. Patent and Trademark Office<\/a> (USPTO).<\/p>\n

Do I Need To Register a Trademark?<\/h3>\n

You do not need to\u00a0register a trademark<\/a>\u00a0to hold common law rights on the mark. You can establish rights on a mark based on the first use of it in a business or commercial setting.<\/p>\n

Any time you claim rights or use the mark, you can use the\u00a0\u2122<\/i>\u00a0(trademark) or \u2120 (service mark) symbols to notify the public of your right or claim. You do not have to file an application to use those symbols.<\/p>\n

You can only use the federal registration symbol \u00ae after the USPTO registers your mark through the federal trademark registration. You cannot use it while your application is pending<\/a>.<\/p>\n

Benefits of Federal Trademark Registration<\/h3>\n

There are several benefits of federal trademark registration that a common law claim<\/a> cannot give you, such as:<\/p>\n