Trademark registration advocates [Glossary]



Last updated : Aug 24, 2022
Written by : Alia Patane
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Trademark registration advocates

Who can trademark lawyer in India?

Who is qualified to become a Trademark Attorney in India? Anyone who is above 21 years of age, a graduate of any institute in India or has equivalent qualification. Such person must also clear the examination provided under Rule 148.

How do I trademark my logo?

How to Trademark a Logo. A unique logo can be trademarked by registering it with the USPTO. Anyone can apply online on the USPTO website if the business for which they're authorized to file is principally located inside the U.S. If based outside the U.S., a patent attorney will be required to make the filing.

How many trademark attorneys are there in the UK?

It is a small profession - there are around 1,000 trade mark attorneys in the UK (Careers in Ideas) - so competition for jobs can be strong. You will have a lot of contact with colleagues, clients, trade marks registry officials and with European and international authorities.

How do you violate a trademark?

Breaking Down The Elements. To prevail on a claim of trademark infringement, a plaintiff must establish that it has a valid mark entitled to protection; and that the defendant used the same or a similar mark in commerce in connection with the sale or advertising of goods or services without the plaintiff's consent.

Can I register trademark myself?

Any layman who wants to register a trademark can apply himself. But when the practical applicability is considered, appointing an attorney will ease the process to register a trademark. Certain procedures are to be followed to apply for a trademark. An application is filed.

What is the fee for trademark registration?

The government fees for trademark registration is Rs. 9000 per application per class for company. The government fees for trademark registration is Rs. 4500 per application per class for individual.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Can I trademark my name?

You can trademark your name if it has business or commercial value. Trademarking your name gives you an additional brand and keeps others from using your name. To trademark your name you must meet specific requirements with the U.S. Patent and Trademark Office (USPTO).

What is the most common reason that a trademark might be rejected?

Likelihood of confusion is the most common reason an application will be rejected by the USPTO. Essentially, if there is a high probability that the general public will confuse your trademark with someone else's (already existing) trademark, your registration will not be granted. The two marks need not be identical.

Is a trademark attorney a lawyer?

A Chartered Trade Mark Attorney is a lawyer who is specifically qualified to advise on trade mark law and acts as an agent for the purposes of applying for and obtaining trade mark registrations.

What is a trademark practitioner?

Trademark practitioners are attorneys who are active members in good standing of the bar of the highest court of any State. The Office of Enrollment and Discipline (OED) administers the registration exam and maintains a roster of current patent practitioners.

How much do patent attorneys make UK?

If you are qualified as both a CPA and EPA, your salary could be around £68,000 to £79,000. CPAs and EPAs with up to four years' experience can earn between £68,000 and £96,000, rising to £87,500 plus after five years. At partner, director or head of patents level, you could earn in excess of £98,000.

What are the 4 types of trademarks?

  • Generic. A generic term is a common description that does not receive trademark protection.
  • Descriptive.
  • Suggestive.
  • Arbitrary or Fanciful.

Can you sue if someone uses your trademark?

What will happen if someone sues me for trademark infringement. A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances.

Can a trademark be challenged after registration?

An aggrieved person can request for cancelling the trademark either within 5 years of trademark registration or after 5 years of registration.

How do I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

How do I register my brand name?

  1. Register on the trademark office portal:
  2. Trademark search:
  3. Filing of trademark application:
  4. Examination of trademark application:
  5. Show Cause Hearing:
  6. Publication of Mark in Trademark Journal:
  7. Trademark registration & certification:

How do I copyright a name?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer's help. The simplest way to register is on the U.S. Patent and Trademark Office's Web site, www.uspto.gov.

How long does a trademark registration take?

Ans: Trademark Registration is a lengthy process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually issued within one or 2 days after filing.

Can you lose a trademark?

You can lose a trademark in a variety of ways. You can lose a mark through abandonment. A mark will be considered abandoned if you stop using it for three consecutive years and you have no intent to resume its use. You can also lose a mark through improper licensing or improper assignment.


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Trademark registration advocates


Comment by Nyla Suns

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


Comment by kudzikoJ

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


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