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Trademark Research

Trademark Research

Trademark Research is one of the most important steps of your trademark application process. Business Attorney Briana Robertson and many others who specialize in legally protecting businesses will not waive the research portion of the trademark process when hiring their services because it is such an important step. Often times new entrepreneurs will approach a legal business representative to help them with their trademark application but want the attorney to skip the research process claiming they have ‘already researched’ it and ‘know that it’s available’. In turn, the entrepreneur will try to use this as a bargaining tool to lower the fees for the trademark. However, an experienced, thorough, and reliable business attorney will not allow this step to be skipped due to it’s importance. Usually when a client does their own research for their trademark what they are looking for is far different from what an attorney would be looking for which is why skipping the trademark research step is not something a good attorney would ever do. An attorney who specializes in trademarks will know what the trademark examiner will be looking for when reviewing your application and will research those specific things to ensure the best chance of getting your trademark application approved the first time without any office actions!

Trademark Research Importance

The types of things that an attorney will research are if there are any similar brands out there, if the application is likely to be successful, what type of problems may you see from your application, the likeliness to receive an office action, and if so what might it be for. Also, they will research what defenses you have against some of these possible issues, and the likelihood of being able to resolve them. A lot goes into good trademark research. It’s far more than looking to see if someone has an exact name match or if the name for your business is available. These things are important and are usually the starting point for trademark research but certainly is not all that it encompasses. As your legal business representative, we will be looking to be sure your application is accepted and avoid all the common reasons for trademark application kickbacks. There are a whole slew of reasons why a trademark application may not go through. One of the common reasons they get rejected or kicked back is the name being too generic. It is also important to keep in mind that even if you find an exact match to your name that doesn’t mean there aren’t ways to craft your application or file it in a specific time frame to allow your application to go through. These reasons and many others are why an attorney will not waive the trademark research process, doing so would be irresponsible of the attorney and a complete disservice to the client. An attorney should always do their own research before giving any client legal advice based on secondhand information. An attorney has a duty to their client who comes to them for legal advice. To give them the best and most accurate legal advice for their situation. Ultimately it is the attorney who is registered with the bar and has to answer them, the attorney puts themselves on the line to help you protect your business and brand. Attorney and advocate Briana Robertson highly suggests getting the trademark research done prior to even putting your business out there, even if you can’t afford to file for the trademark right away. This will prevent you from pouring time and resources into a business only to find out you are infringing upon someone else’s brand and have to start all over. No one wants to receive the dreaded cease and desist letter about their newly opened business, this is why you hire a trusted and experienced business attorney from the start. There are a number of reasons it is beneficial to be sure to get your trademark research completed thoroughly by an experienced attorney. Protection for your business, your investment of time and money, and overall good business practice are only a few. If you are looking to have an experienced business attorney help you legally protect your business, Briana Robertson would love to assist you every step of the way!

Schedule a Consultation Do you need an experienced trademark law attorney to help you with your trademark registration? Attorney Briana Robertson would love to help you!

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