Common Mistakes A Trademark Attorney Based In Austin, Tx Can Avoid During A Trad

Posted by Shally Warner on May 20th, 2022

Is it necessary to hire a trademark attorney in Austin, TX, to file a trademark? When determining whether or not to hire a trademark attorney, many small business owners may ask themselves this question. The answer is contingent on your specific circumstances. Trademark lawyers have prosecuted trademarks before the United States Patent and Trademark Office (USPTO). Because the registration of a brand is a legal process with stringent processes and deadlines, it is best handled by a knowledgeable lawyer.

Common Mistakes People Make When Trying to Register a Trademark

Although the trademark registration process appears simple, the requirements might be complex. As a result, trademark owners may make costly errors that may have been avoided if the application had been prepared or examined by an attorney. Typical blunders include:

Using an Incorrect Trademark Specimen

You must give a specimen of how you utilize your trademark in commerce as part of your application. If you submit the wrong sort of specimen, your brand may not be protected.

A trademark attorney in Austin, TX, can also advise an applicant on the type of application that should be filed once they better understand the applicant\'s company and branding goals. Finally, selecting the appropriate filing basis is just as critical as identifying the correct owner. If you use the wrong filing basis, your trademark application could be attacked by a competitor.

Unintended Infringement

Most trademark applicants are unaware that a search must be undertaken in state and federal registration records and in \"common law\" under US law. The USPTO Examining Attorneys will not examine common law trademarks since they are not required to do so and lack the resources. As a result, having a trademark lawyer advise you in completing a clearance search in both common law and state and federal databases before filing your registration is critical. 

Even if a trademark application is approved, the applicant may still infringe on some other party\'s common law rights and be sued in court for damages. A trademark attorney can only provide a legal opinion on clearance in Austin, TX.

Choosing an Incorrect Filing Basis

The two filing bases are the use of the mark in commerce and intent to use the effect in commerce. Because they don\'t comprehend the distinction, many people choose the incorrect basis. When you try to enforce a registered trademark, you may find that it provides little or no protection.

Choosing the Incorrect Trademark Class For Your Goods Or Services

To protect your trademark, you must first designate a class of products or services and then identify the goods or services you want to protect. The classification method is complicated, and doing it wrong can result in your application being rejected.

In Conclusion

Your claim has a 50% better chance of being approved if you hire a trademark attorney in Austin, TX. Are you willing to jeopardize your intellectual property to save a few hundred dollars? Do you have the time to understand the ins and outs of trademark law before taking this on? The majority of small business owners will say no.