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Why You Need a Trademark Attorney
Similar to how illnesses often necessitate the treatment of a doctor, legal issues often require the expertise and guidance of an attorney. Like medicine, law is complex, specialized and constantly evolving. Understanding laws, as well as legal systems and processes, not only takes years of studying and an advanced degree. It requires continuing education to ensure that attorneys are aware of new laws and stay abreast of changes to existing laws.
Although the increasing availability of legal services on the internet has made it easier to access basic legal information, these services are no substitute for the expert advice of a licensed, local attorney. Typically, online legal services offer only national perspectives, whereas local attorneys are able to provide clients with market-specific, regional insight and the personalized guidance needed to resolve a particular legal issue.
Trademark law can become complex very quickly. The application process is intricate and requires many interrelated legal decisions along the way. One incorrect choice can sink your application from the start, and federal trademark law severely limits how you can change your application after submission. Here are some important considerations:
- A 2013 study by the Wall Street Journal found that federal trademark applications filed by trademark attorneys are 50 percent more likely to be approved than those filed by applicants on their own.
- The same study found that in instances when the trademark office made an objection, applicants increased their chances of crossing the goal line by 68 percent if they hired an experienced trademark lawyer.
- The U.S. Patent and Trademark Office does not allow its examiners to offer legal advice. So if you have a legal question along the way, you’re on your own — unless you hire a trademark attorney.
- Most federal trademark registration applications are initially denied, meaning they will require a response from the applicant. Sometimes it’s a simple fix. Other times, you’ll need to submit a legal argument based on legal research and case citations. It’s easy to see how a trademark attorney would come in handy here.