Any look at recent news will confirm that people have become more litigious than ever, especially when it comes to intellectual property. As a result, it has become increasingly necessary to have the best professional help available to secure a legal trademark for one’s own trademark or patent. Although individuals and businesses can register trademarks on their own, there are numerous legal issues that can arise if one does not complete trademark applications and follow legal protocol correctly. More importantly, it’s very easy to infringe on another trademark owner’s intellectual property, which could result in hours of wasted time, exorbitant legal fees, and the possible loss of the trademark itself.

Experienced trademark attorneys can guide businesses through the intricate details of trademark registration while helping to avoid the pitfalls of copyright infringement. Trademark registration employs very specific guidelines, and without a qualified professional to guide you through the hidden and unknown intricacies of copyright law, it is almost inevitable that mistakes will occur that undo all the hard work that has already been done. made in the brand of the product.

For example, many people are unaware that trademark infringement does not necessarily mean that a new mark must be identical to an existing copyrighted item, but rather that it may, in some way, cause a “likelihood of confusion” in the consumer mind. The limits surrounding the public’s “likelihood of confusion” range from the strength or similarity of the mark expected to be patented to evidence of actual confusion in the public mind. In addition, there are a number of other legal conditions that a judge will consider when reviewing a copyright infringement claim. Essentially, if the original trademark owner can prove that a new trademark applicant, using a similar trademark, intentionally and willfully attempted to mislead consumers into believing that his product is associated with someone else’s trademark, an action can be brought. legal.

Trademark attorneys are trained to conduct extensive national and international searches for currently existing trademarks that may be the same or similar to a business being patented. In addition, an experienced trademark and copyright attorney will also look for unregistered trademarks that may prevent a company from moving forward with their designs or plans. Copyright law is so complex that not only where a trademark name or image is used, but also how it is used, is taken into account.

With millions of trademarks, patents, and copyrights already in existence around the world, it may be impractical, if not impossible, to attempt to tackle the world of trademark registration alone. Only a highly qualified patent and trademark attorney is qualified to negotiate the labyrinthine steps of trademark registration and then best advise a company on what course of action will be most prosperous and effective.