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What Can a Trademark Lawyer Do For You?
September 28, 2022 at 10:00 PM
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You need a trademark. Now what? A simple search online will give business owners a step-by-step guide to applying. Need an appendectomy? You can find that D.I.Y. online too! Washing machine counterweight loose? No problem, there are millions of videos for that. All the information you could ever need to ruin your brand, your abdomen, and your washing machine, in one convenient place.

If you have the acumen to build a brand worth protecting, you’re clever enough to know that experts exist for a reason. Securing a trademark lawyer specializing in supporting small businesses and entrepreneurs will be the reason your brand flourishes. Doing it yourself is an excellent way to become another dusty husk of a startup.

Small businesses serious about protecting their brand need to get a trademark lawyer. Navigating the USPTO is ostensibly straightforward, but one missed deadline or weak due diligence could render your brand and your business nonplayable. Herewith,

8 Reasons You Need a Trademark Lawyer in NYC

Trademark attorneys can provide advice for startups and small businesses on critical legal issues about trademark registration, including:

  1. Whether your trademark is eligible for legal protection
  2. Advising on the correct filing basis
  3. Compiling a complete, accurate application that faithfully describes your service or product
  4. Determining the best example of how your trademark will be used in commerce
  5. Dealing with questions and refusals from the USPTO examining attorney
  6. Familiarizing clients with the full scope and enforcement power of their trademark
  7. Defend challenges to your trademark; enforce and maintain your trademark rights
  8. Administrative tasks for the maintenance of your USPTO registration

Not only can a trademark lawyer complete the process of applying for your trademark, but they can also advise you on best practices for handling a trademark once it is registered. Lawyers specializing in startups and small businesses can help clients choose a strong mark, advise on using the mark with maximum protection, estimate the likelihood of the success of your registration, and even help you to enforce the mark in the future.

Trademark Infringement: What Lawyers Can Do

After successfully engaging a trademark lawyer to register a mark, the onus is on trademark owners to enforce and protect their mark. When a trademark has been infringed upon, the same trademark lawyers that registered your mark can use their knowledge to defend the integrity of your brand.

Typically, legal steps for protecting against trademark infringement are as follows:

  1. Your lawyer will issue a “cease and desist” letter to the offender.
  2. If the infringement continues, lawyers may advise that you bring a lawsuit against the infringer. Depending on the designation of your trademark, this could be in state or federal court.
  3. At trial, lawyers will prove that you own the trademark and show proof that infringement has occurred.
  4. A trademark lawyer may need to call witnesses to prove the “likelihood of confusion” with the brand infringing on your trademark. Witnesses are generally required when the brands or goods in question are not exactly the same as yours.
  5. After a ruling in your favor, remedies range from injunctions against the offender, destruction of their goods, to various iterations of damages.

Secure A Trademark Lawyer in NYC

The process of applying for a trademark is straightforward like a tightrope across the Grand Canyon is straightforward. There is one clear way to proceed, but a misstep would be catastrophic. For a thorough analysis of your mark, brand protection, deadline compliance, and a comprehensive understanding of the USPTO, NYC trademark lawyers Savvy Esquires have the small business experience you can trust. Schedule an appointment for your trademark registration today; we look forward to hearing from you.