When needing to obtain legal advice about the processes and design of trademarks for your company, a trademark attorney has the qualifications to assist you in your registration needs. These products or symbols represent your brand or your service to help you be more easily recognized by the public. Some popular trademarks you may recognize throughout the world and in Texas are icons like Google, Apple, Walmart, Pepsi and so much more. Oftentimes, the brand is the trademark itself and the general public will know that this symbol is representing their specific products. Texas trademark attorneys will have the knowledge and skills to help you develop and secure your trademark and copyright protection while also providing you with beneficial assistance throughout the trademark application process.

Advantages and Responsibilities of a Trademark Attorney

While there are many claims that it is easier to file your trademark yourself, there are many benefits that come with gaining assistance from a legal professional. The strategies and tactics that trademark attorneys use help you to continue moving forward through these processes.

Typically, trademark attorneys have a few beneficial responsibilities that can include:

Identifying your company’s different trademarks – Your attorney will identify different aspects of your company that can and would be beneficial for you to trademark. There are many different parts of your business that can be trademarked, such as individual products, product packaging, or specific names of your services.

Constructing a filing strategy – There are strategies that, when it comes to filing for a trademark, that are more effective than others depending on your specific business. A trademark attorney has experienced specialized business circumstances to know and understand which strategy will be legally best for your company.

Outline your application – You are more likely to receive an approval from your trademark when your application has been properly drafted by an expert. These legal documents go through government systems and it can save you time and money going with a trained attorney.

In addition to these standard responsibilities and the advantages they provide, a trademark attorney may also advise you on trademark infringement issues and can work with you to go through processes of reapproval if a trademark is denied.

Federal and State Registration

There are two ways you can choose to register your trademark and each way has its own process. You can choose to either register your trademark federally through the United States Patent and Trademark Office (USPTO) or through your individual state. A good trademark attorney can help register it either way and will walk you through each of the processes. Whether federally or through the state, registering a trademark through either way comes with its advantages and disadvantages. A trademark attorney at Beard, St. Clair, Gaffney can help you decide which route will make your trademark more effective for your company in your specific situation.

Federal Trademarks

To federally trademark something, it must be registered through USPTO and accompanied by a detailed description, a graphic drawing of the mark, and what kind of mark it is. There will also be a filing fee associated with it. Federal trademark registration can be a more complex legal process, so the aid of an attorney can navigate you through the complex filing processes. These trademarks provide stronger protection and you will have access to more benefits this way than filing through the state. But federal trademarks are arguably more expensive and can take quite a bit more time to get registered and approved.

State Trademarks

State trademarks are filed through each states’ individual trademark office and starts with you filling out one of their applications. You will also have to submit a drawing of your mark but it is generally cheaper to get your trademark registered and approved at the state level. There are slightly different requirements depending on the state and your trademark is only protected within the state that you registered it in. Your trademark attorney will help your decisions and in weighing the pros and cons of each option.

Texas State Registration and Requirements

For the state of Texas, the trademark registration will help protect your products, services, logo, name, or slogan from being used by other businesses. When your business operates solely within this state, your trademark will be protected throughout the entire state.

Registration Steps: 

• Fill out the Trademark or Service Mark application form and get it notarized
• Provide three items of proof that your business resides and is staying in the state of Texas
• Pay the application fee
• The application will then be reviewed and submitted

Specific Requirements:

• Provide proof that your trademark will be used with your business within the state of Texas
• Needs to be different than any other trademark that has already been registered in Texas
• Must be different from any of the other trademarks registered federally though the USPTO

By choosing to register your trademark through the state of Texas, you are helping to ensure that no other business will be using your mark to their advantage. It helps to provide you with unique ownership over the mark and any words, goods or services that are associated with it.

Refusal of Trademark Application

The refusal of an application of a trademark can happen for all sorts of reasons. Skilled trademark attorneys can write up draft appeals if it shows up that your trademark was too similar to something that was already on file. They can contest the disapproval and guide you through the next steps to get your mark approved and ready to use as soon as possible.

The Attorneys at Beard, St. Clair, Gaffney

Developing and securing your trademark is a strong suit for the dedicated attorneys at Beard, St. Clair, Gaffney. Our firm can greatly benefit your trademark process by providing excellent guidance and advice as to which course of action will best suit your company’s needs. We can act as your strategic partner to get your trademark up off the ground and approved as quickly as possible. We can help ensure that all your documents are drafted properly and we will be there to assist you if any issues are to arise. Contact us today to get the security and backing of Beard, St. Clair, Gaffney as you strive to get your trademark efficiently registered.