A trademark is what the average person would consider to be a particular design, picture, logo, emblem, or a combination of these, that is commonly associated with a particular product that is produced or sold by a particular manufacturer or seller juxtaposed to those products produced or sold by others in the same or similar industry.
The practical purpose for a trademark is to allow an individual seller or producer to distinguish themselves from all other sellers or producers of a particular product. Today with the cacophony of possible sellers or producers of many popular products, it is almost a necessary part of business to file a trademark to distinguish oneself in the market.
The law will protect an attempt to cut into a particular market, if a person has filed a trademark establishing their right to a particular product as recognized by the public in a particular way, through a given design, logo, emblem, or picture association.
Why Having a Trademark Lawyer Matters
Of course an entrepreneur is usually in a more vulnerable position compared to their counterparts in a given market, it is especially important to hit the ground running, which can be accomplished more easily if you have an attorney or lawyer to file a trademark that is associated most particularly with your specific product.
Obtaining the guidance or assistance from a lawyer or attorney is especially critical to ensure a satisfactory accomplishment in your trademark registration, most importantly when you are just starting out as a new member in a given market, as the new kid entrepreneur on the block.
The time and expense needed to file your trademark through a trusted attorney or lawyer, is well worth the bottom line advantages to be obtained therefrom in the long run.
If you are not familiar with a lawyer or attorney that handles trademark matters, a little homework to find one that has a good track record among local businessmen is all that is needed to lead you in the right direction. If necessary there are a number of websites that do an analysis of the quality of local attorneys and lawyers, in their given areas of expertise. If all else fails you can always contact your local bar association to give you valid advice in this regard.
The more closely associated that a given design, logo, picture, emblem or a combination of any of these that is used in the creation of your trademark, is to your purported product; the better your chances of success in creating a memorable association in the minds of your potential customers. Thus, it would be wise to invest time and research into the creation of your trademark for the best lasting results possible.
As your business develops and your product becomes more readily recognized in the market, there is always the possibility of honing your trademark, by making appropriate and timely modifications thereto. It is important to consider all possible aspects of this issue, perhaps with the advice and guidance of a trademark attorney or lawyer before taking any action, including the possibility that it might be best to leave well enough alone.
Mollaei Law is a business law firm serving businesses and entrepreneurs. We can help with all of your business needs including tailoring legal documents for your business, reviewing and drafting contracts, negotiating, business planning, setting up business entities, and helping with any of your business transactional forms.