4 Great Ways to Vet a Potential Trademark Law Firm.
Businesses need trademarks to protect their reputations from abuse and to prevent unscrupulous entities from exploiting their marketing efforts. Trademark infringement is typically done by traders who sell counterfeit products.
Unfortunately, innocent and innovative entrepreneurs can easily infringe on the trademarks of others without intending to do it. They experience heavy losses when they are ordered to cease and desist from using phrases that they market heavily to their established and establishing markets. They even end up getting sued and losing large sums of dollars in damages.
Therefore, before you set out to market and sell your goods and services, make sure that you consult the best trademark law firms at your disposal to ensure you have everything on the up and up. The following are four of the best ways to vet a potential trademark law firm.
- Inspect their track record.
Do not work with an inexperienced law firm. The firm that you choose should have an impressive portfolio for successfully registering many trademarks without much opposition. If a law firm always has to fight businesses over trademark similarity during the registration process, it probably not always keen during the search process. No matter how comprehensive searches are, only experienced trademark attorneys can discern where mild similarities could attract opposition. The law firm should also have a great record for defending its clients from trademark infringement.
- Inquire about its search process.
Fortunately, local trademark laws protect us from use-bypass. That means that you do not necessarily have to register a trademark for it to be rightfully yours; you just need to have proof of first use. That presents a big problem for trademark law firms when conducting candidate searches. They must conduct more comprehensive searches than the USPTO search tool provides. They should employ the use of more advanced databases that screen Internet keywords. They must also have access to other databases that compare similarity indexes in use and phrasing.
- Ask who will be liable if you get sued for trademark infringement after a successful registration process.
A popular taxi service, Uber, was successfully sued by a promotion service, Uber, for trademark infringement. There must have been some sort of misunderstanding or oversight when the taxi service was registering its trademark, and it paid dearly for that error. You need to clarify who should be liable for such lawsuits. It would be unfair if it had to be you because your attorney will charge you comprehensively for a comprehensive service.
- Find out all the potential services that you will require and how much the law firm will charge you for every step of the way.
Registering a trademark is long and tedious. Apart from just registering, you will need a law firm that is familiar with your business to protect your trademark from infringement. That requires diligent tracking and consequential mediation and adjudication in cases of infringement. Your vetting process must establish all the services that you may need and the financial implications for each.