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Written by : Alia Patane |
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hi good morning friends and my name is advocate ajay and i'm a practicing attorney with charisd ligand today i'm going to cover an important topic that is with respect to trademark practitioner how to become a trademark practitioner what are the advantage of being a trademark practitioner and why one should pursue to become a trademark practitioner first of all the question which we all come across that how to become an attorney in a trademark so for an individual who has completed his llb and who has a basic knowledge about intellectual property right they can enroll themselves as a trademark agent or a trademark attorney so basically one who has completed their llb are highly preferable to become a trademark attorney now the question is that how one is going to become a trademark attorney so to become a trademark attorney one has to visit the official website of intellectual property right that is known as ip india so once you visit the ipa india you can see the trademark options available there and you can fill the online form and after filling the online form you have to submit the following enlisted documents so to become a trademark attorney it is necessary that you should have your llp degree and also you should obtain a sanat from a recognized bar of the particular state suppose if i am a practicing attorney in my bar council of maharashtra and goa so i need the trade market and to become a trademark and an attorney i need my llb degree and apart from that i need a sanad of practicing attorney attorney from a bar council of maharashtra and go after obtaining this board document i have to upload the following document along with my identity proof after submitting the enlisted document i will be alerted with my trademark attorney number once you are been allotted with the trademark attorney now you can start practicing has attorney on a trademark whereby b you will be specifically allotted one specific login id and password from that particular id you can file any number of trademark application you can also file a renewal application you can also file a position objections you can reply the objections so once you become a trademark attorney it is very simple that you can register a individual trademark for the individual person or individual organizer individuals uh form association of person or anything apart from that you should also know that okay once you become a trademark attorney or it will give you a leverage compared to the other uh other person who are filing their trademark in their individual capacity because it is going to give you cost leverage compared to them uh one thing is very much important when you are filing a trademark application you have to be highly aware key in under what category you are willing to apply for a trademark application whether it is individual cop capacity small enterprises or msme so i think so this is the basic prime of ac one should know basic premises facing information one should know about how to become a trademark attorney
Thanks for your comment Nyla Suns, have a nice day.
- Alia Patane, Staff Member
everybody trademark attorney Josh gurbin I want to answer a common question we get which is what do trademark attorneys do in today's world you have a lot of internet-based companies that claim they can file your trademark for $69 so why should you hire a trademark attorney what can an attorney do for you so you're the five things that I think trademark attorneys do that add the most value to any trademark application process the first is identified that trademarks your company has the second is properly searched those trademarks prior to you adopting them or trying to register them with the federal government the third is to develop a proper filing strategy the fourth is to correctly draft your application to avoid technical errors that could result in the refusal of your trademark application and the final is to respond to any office actions or refusals that you may receive along the way so the first point on our list is that a trademark attorney can help identify the trademarks your company has and you may say well Josh that seems pretty simple but it might not be so obviously you've got your company name that's typically one you've got slogans perhaps you've got logos but what about your individual product names or product feature names what about service names that you may have what about this names for seminars your company may offer theirs you could even protect the packaging for a product the way it looks you could protect the look and feel of a store that you have there's all sorts of different things you can protect as trademarks and a good trademark attorney can help you identify what things you can register and add to your IP portfolio which ultimately adds value to your business over time the second thing a good trademark attorney can do is conduct trademark searches on your trademarks before you get too far into marketing them and before you even file a trademark application this way here you don't waste money on trademark applications that are almost certainly to be refused or you can identify a potential conflict before it gets to be a huge problem the third thing a good attorney can do is help you with a filing strategy for your trademarks so an example of this is that we will get a client that calls us and says hey I'd like to register my name logo and slogan and he it is all in one neat package here's a good example let's look at Nike logo right you have a Nike the swoosh and just do it underneath it so a lot of clients will think this is one trademark vine but it's actually three so you have the name Nike you have the swoosh itself and then you have just do it and the reason you would want to file all three of these elements separately is that a the protection in each individual element is much stronger if it's registered alone just from a legal standpoint and be if any of these elements changes over time it will affect the overall rights of the trademark so for example your name may always be Nike but let's say that swoosh gets outdated right and you need to change it well you can change that swoosh and you'll never lose the rights in the word Nike you would just file a new application for whatever the new swoosh looks like or the the new logo looks like down the road so developing that particular filing strategy is something that trademark attorneys do for clients that many clients on their own would not be able to understand because it's just not something they do on a daily basis the fourth item on our list is that trademark attorneys help draft proper trademark applications that meet the technical specifications of the United States Patent and Trademark Office it's important to remember that a trademark application is a legal document and while the questions may sometimes seem innocuous or easy there's typically a technical response that's required in order for the government to be able to approve your application so if a trademark attorney drafts your application you're more likely to see an approval by the government than if you just draft it yourself you don't have to take my word for this the University of North Carolina did a study that showed there was nearly a 50% increase in the acceptance rate of applications from people that filed a trademark with an attorney versus doing it without and the final thing that trademark attorneys do is we help respond to office actions or refusals to a trademark application so not all trademark applications go smoothly and you may receive a refusal for one reason or another it's not the end of the road by far for most trademarks for example if you receive a refusal because of a potentially conflicting other trademark there's a number of things a trademark attorney can evaluate and help you do for example could you just draft an appeal could we make an argument to the that would get around the refusal or maybe it's a little bit more complicated maybe the owner of that blocking registration is no longer using that trademark an attorney can help you evaluate whether or not that trademark could actually be cancelled allowing your trademark to then proceed so as you can see there are many things that trademark attorneys do that can be helpful to developing and securing your trademark and intellectual property portfolio I hope you found this helpful and I'll talk to you next time
Thanks kudzikoJ your participation is very much appreciated
- Alia Patane
About the author
I've studied systems neuroscience at Colorado School of Mines in Golden and I am an expert in strategy. I usually feel bewildered. My previous job was personnel recruiter I held this position for 28 years, I love talking about hobby tunneling and marbles. Huge fan of Calista Flockhart I practice softball and collect pin-back buttons.
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