A trademark could be a different name, symbol, sign, phrase, picture or style employed by a business to work as an identity for its products and services as well as for itself.
A trademark lawyer’s job requirements include trademark application, filing and prosecution. A trademark lawyer searches and clears the trademark search analysis. He looks after the trademark infringement and enforcement matters and matters involving third parties’ infringing marks. He manages all trademark litigation, prepares, reviews and negotiates license agreements. Registration and monitoring of domain names and general trademark counseling about routine trademark matters and education are the requirements for a good trademark lawyer.
A trademark lawyer is required to take the following steps for a trademark registration process:
1. The trademark lawyer makes an inquiry whether the name selected has already been registered or if it infringes a registered name or mark. It is only after the complete determination of trademark’s validity that an applicant may begin using the symbol.
2. The trademark lawyer then prepares and files the trademark application.
3. After one or two months the United States Patent and Trademark Office (USPTO) acknowledges the filing of trademark. The trademark lawyer then obtains a serial number for the application.
4. If the proposed trademark infringes on any existing one, the Trademark Office in consultation with the concerned lawyer, suggests possible alterations that need to be made. This is done within six months from the filing of application.
5. Within eight months of filing the application, USPTO publishes the proposed trademark in the Official Gazette. During this period, trademark holders may file objections to the proposed trademark.
6. After ten months, USPTO issues a Notice of Allowance. After this the applicant can start using the trademark in business.
The applicant may begin using the trademark only after the approval by USPTO. It is only then that an applicant can commence using the mark or name with the ® symbol.
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