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Registering and protecting a trademark – how can a lawyer help

18th May 2010
By craig23 in Business Law
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A trademark helps distinguish the products of a particular entity from others in the same category. This is the field that the trademark lawyer specializes in. If you think that you would be able to take care of all details regarding your trademark think again. It is a highly specialized field and requires an expert's help.

What exactly are the responsibilities of a trademark lawyer? Understanding this would help you realize why you need to appoint a lawyer for the job. The tasks of these professionals are to help and advice the entity about the application and registration of a trademark as well as protect it from any sort of infringement.

You need to get the trademark symbol and/or words registered from the national or international authorities before you can use it. The application for a trademark is a daunting task. Your lawyer can help you with this application process.

An expert knows how to file this application, what documents you need to provide and can check for errors and omissions in the application form as well. He knows the trademark laws applicable and helps you adhere to those.

Before initiating this process, the trademark lawyer also examines whether the trademark you have selected has been used by anyone else in the past. If it has been already used you stand the chance of being accused for infringement.

An efficient lawyer knows all details of the application procedure. With his help it is easy to go about this task. He can also help you in case there is any problem in getting your trademark registered from the authorities.

It is also the responsibility of the South Africa trademark lawyer to keep track of any unauthorized use of your trademark. Your trademark can only be used with your legal consent. If there is any violation of this exclusive right, you can file a complaint against the offender at a court of law.

Your lawyer can also act on your behalf if someone else takes you to court on complaints of infringement. Imagine a situation where you have been wrongly accused of using someone else's trademark. Here the lawyer can act as your defense counsel.

If it's a negotiation, your trademark lawyer could ensure that you get a right and fair deal. In case of any dispute that reaches a court trial, you can ask your lawyer to act as your legal representative.

All these responsibilities are best handled by a lawyer proficient in trademark laws. You need to choose a lawyer with care. It is only with the help of a legal expert that you would be capable of tackling all kinds of legal issues pertaining to a trademark.

It is a good idea to look for a lawyer keeping in mind the following points:

- Look for a lawyer who has experience in the particular field.
- Know all you can about how successful he is.
- Opt for a lawyer who specializes in the same industry that you belong to.
- Choose a professional efficient in negotiation as well as litigation.
- And lastly, select someone you feel comfortable working with.
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