If you’re wondering if trademark law is difficult to navigate, you are not alone. For many, there are meticulous details that must be considered and adhered to throughout the process that can make it difficult to navigate. If you aren’t familiar with these details, it can be frustrating and overwhelming just trying to understand the terms alone.

What’s So Difficult About Navigating Trademark Law?

Trademark law is founded in the federal statute known as the Lanham Act, but the US Patent & Trademark Office’s publication of the US Trademark Laws is 74 pages long. This document covers everything there is to know about trademark law. Some of the trademark laws it covers are listed below:

• Application for registration
• Duration of a trademark
• Renewal of trademark registration
• Opposition of a trademark
• Cancellation of a trademark
• Filing an application for trademark registration for foreign years
• Information about appealing a trademark decision

Trademark law falls under federal jurisdiction, making it difficult to locate information that applies to your specific legal needs. Understanding what constitutes a conflict with existing trademarks and trying to classify a trademark leaves most people frustrated, as they are just trying to complete the registration application. When trademark rights are infringed upon, trademark law can be even more daunting, especially when litigation is required.

Searching for Existing Trademarks

One of the most confusing components of trademark law is searching for an existing trademark during the application process. Before applying to register a trademark, an applicant must make sure that their mark has not already been trademarked by someone else. If you skip this step, you could pay for it later if someone disputes your trademark because it is like their previously registered mark.

An experienced legal professional can initiate a detailed search on your behalf, reducing the risk of your application getting denied. If issues with the existing trademark search arise, an attorney can provide insight into what to do next to get your trademark approved despite any existing conflicts.

To search pre-existing registered trademarks, applicants are directed to visit the Trademark Electronic Search System, also called TESS, on the USPTO website. Here, you can search for existing trademarks identical to or like your potential registered mark. This is an important part of the process, but an overwhelming task, nonetheless. A trademark lawyer can be a great resource in ensuring there are no potential conflicts with your mark.

Timely Application

The term pendency is used by the USPTO to refer to the time from application to decision. The target pendency of the agency is 15 months, but it could take a little longer. An attorney can ensure that your brand is protected properly and that your application is filled out and submitted flawlessly. They can ensure you include all the required evidence and information necessary for a swift approval.

Hire a Trademark Attorney

When you hire a trademark attorney, they can be a great resource to guide you through the trademark registration process. They can help you avoid costly errors in your application and assist you in choosing the proper classification for your mark.

The more detailed your trademark registration is, the more effective it can be in serving its purpose. A good trademark attorney who has represented countless trademark cases understands this. They know how to address trademark laws in the application and registration process to avoid conflicts down the road.

Four Reasons Legal has many years of experience with trademark law and trademark cases. Our proven abilities give us the knowledge and skills to help you create, register, and protect your trademark. We can also seek and enforce your rights, as well as advocate aggressively in court on your behalf, if necessary.

FAQs

Q: Is Trademark Law Difficult?

A: Trademark law is difficult because it encompasses several components regarding the protection of a company’s identifying marks. It involves regulation, specifications, and enforcement. Not only does trademark law establish a company’s rights to its trademarked material, but it also combats infringement on those rights.

Many attorneys dedicate their entire practice to trademark law because it is so multifaceted. It is extremely important to these attorneys to ensure the laws that protect trademark rights are upheld long-term.

Q: What Is Confusingly Similar in Trademark Law?

A: The term confusingly similar in trademark law refers to a mark that is like an existing mark. The similarity is believed to be so close, but it is likely to be confused with a similar mark. The high standards of the USPTO prevent conflicting marks from being registered and protect infringement on a previously registered trademark owner’s rights to that mark. It is also referred to as the likelihood of confusion.

Q: How Difficult Is It to Trademark Something?

A: The process of registering a trademark can be complicated. It involves a deep understanding of trademark laws. In addition, the requirements of the application can get complicated in some trademark cases. Existing trademarks must be searched over to ensure there is no similarity between a new trademark and a previously registered one. Because the application process can take quite some time, applicants must also stay diligent in responding to official requests from the USPTO.

Q: Is A Trademark Lawyer Worth It?

A: A trademark lawyer is worth the cost because they can improve your odds of getting your trademark approved. The process is lengthy, and you don’t want to have your application rejected for a minor error only to have to start from the beginning. Hiring an attorney can prevent mistakes being made in the application process, as well as in the event of a dispute regarding your application.

Trademark Attorneys

If you need a professional, knowledgeable, and experienced trademark attorney, regardless of where you’re located, Four Reasons Legal has the resources you need to register your trademark effectively. With the help of our team, you and your business will receive the help it needs to ensure your intellectual property, particularly your trademark, is protected. Contact our office and schedule a consultation to discuss your trademark case.