{"id":4524,"date":"2016-04-04T11:47:33","date_gmt":"2016-04-04T16:47:33","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/business-lawyer-resources\/hiring-legal-help-with-trademarks.html"},"modified":"2024-05-23T02:08:21","modified_gmt":"2024-05-23T07:08:21","slug":"hiring-legal-help-with-trademarks","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/business-lawyer-resources\/hiring-legal-help-with-trademarks.html","title":{"rendered":"Tips for Choosing the Best Lawyer for Your Trademarks"},"content":{"rendered":"\n
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Tips for Choosing the Best Lawyer for Your Trademarks<\/h1>\n
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\n By Amber Sheppard, Esq.<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last updated\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

Creative entrepreneurs such as yourself often own their own small businesses. You’ve spent a lot of time and effort on branding your startup and your products. You want to protect it and know that to do that, you need to educate yourself on business law<\/a> and trademark law.<\/a> More than that, you will need to find a licensed attorney to explain the step-by-step trademark registration process<\/a>.<\/p>\r\n

In a world of lawyers seemingly on every street corner, how do you find the one that is the right fit for your small business? Let’s dive into what considerations you need to consider when searching for legal advice and legal protection for your small business.<\/p>\r\n

Small Business Trademark Basics<\/h2>\r\n

Before jumping into a lawyer search, let’s make sure you understand some intellectual property basics<\/a>. Your budget is precious, so there’s no reason to needlessly waste your resources if you don’t have to.<\/p>\r\n

Trademarks are intellectual property that gives you legal protection for specific words, symbols, taglines, or names used in connection with a company’s goods or services (service mark). The word trademark is generally used to describe both trademarks and service marks. A trademark<\/a> is beneficial because it allows your business to distinguish the goods or services you provide from competitors.<\/p>\r\n

Common law<\/a> rights exist for a trademark when it is created and used in commerce. At that point, trademark rights attach to the creator. The trademark owner has the exclusive right to use the mark and prevent others from using a mark that may confuse the public<\/a>. To signify that a particular mark is under trademark protection, the business can use "TM" for trademarks or "SM" for service marks. Registration with the federal government allows a trademark to use the symbol "\u00ae."<\/p>\r\n

Registration with the federal government through the United States Patent and Trademark Office<\/a> is not required. Still, it provides much more protection <\/a>for a small business or brand name. You have to pay a filing fee, but it allows you to assert stronger property rights to the mark. It also allows you to do the following that you couldn’t do with just common law rights:<\/p>\r\n