What is a trademark attorney?
- Licensed attorney
- Specialized knowledge of federal, state and frequently foreign and international treaty law relating to trademarks.
- Some handle only transactions, such as trademark registrations. Others, handle only litigation, such as trademark infringement actions. Some, like Veritas Business Law, handle both.
- Trademark attorneys who have business experience have a greater ability to help clients establish an overall trademark strategy.
- IP (intellectual property), which includes trademark law, contains smart attorneys as well as smart and capable judges and court staff.
- Trademark attorneys work with clients from all states as well as internationally, they also regularly work with many industries, including the entertainment industry.
- Trademark attorneys frequently work with people and companies who are taking a proactive approach to their trademarks and other IP in an effort to protect their most valuable assets.
- Trademark attorneys (along with other IP attorneys) are on the cutting edge of technology and are pioneers of the legal industry.
A trademark attorney can assist you with not only registration but also, licensing and disputes.
What is a trademark attorney?
As the name suggests, this is a licensed attorney who specializes in trademark law. First and foremost, this requires a specialized knowledge of federal, state and frequently foreign and international treaty law relating to trademarks. This is an extremely specialized area of law that a relatively small number of practitioners specialize in.
Transactions vs. Litigation – what’s the difference?
While this is a specific area of law, there are some distinctions that can be made of the attorneys practicing in this area.
For example, some trademark attorneys handle only transactions (meaning they will only do work relating to pre-application advice, the filing of an application and provide licensing advice). Other trademark attorneys handle only litigation (meaning they will only do work relating to trademark infringement, enforcement actions and other adversarial proceedings). Some, like Veritas Business Law, handle both.
Many years ago, when I first started practicing intellectual property law or IP as it is regularly referred to, (trademark and copyright) it was not my only practice area. I commonly handled (and continue to handle) business transactions for clients (giving me a good sense of the true needs of a business). However, I also regularly litigated cases, frequently to a settlement but also to the conclusion of a jury trial if necessary.
How is IP law different from other areas of law?
When compared to other areas of law, I find IP law to contain smart but reasonable opposing attorneys and a superior federal court system of clerks and judges.
Trademark attorneys see lots of people proactively protecting their assets
Everyone is certainly different and some would find what I do terribly boring while others would find it vastly interesting. For me, being able to call myself a trademark attorney is a joy. I regularly work with companies who are seeking to protect their intellectual property in a proactive manner rather than the reactionary work that is a regular part of the typical adversarial litigation practice, additionally, I have the opportunities to work with both domestic and international companies. I also regularly work with creative people, whether it be in the film or music industry, authors, songwriters, musicians, composers, graphic designers, illustrators, and many, many more.
Clients set themselves apart by using and protecting trademarks
I am able to help my clients build something greater than any one of us could ever achieve alone and it is simply a joy (whether they are a vineyard trying to set themselves apart from their competition by use a trade name or logo on their label or an independent film maker who is seeking to license music for a film) to watch them grow and achieve their goals.
I care deeply for my clients and I have always felt that this work takes a certain temperament and commitment to the client. It requires a certain flexibility in working with clients while clearly educating them on the options, which are available to them, including the relative risk of each option. Even in litigation, I have found that there is nothing gained by launching out of the gate with attack dog aggressiveness. The only person who benefits from this type of conduct is the attorney, because these responses often inflame a dispute into being much more expensive than necessary.
However, I do not mean to suggest that we simply roll over when confronted with litigation. Far from, there is simply a time for more aggressive litigation. We zealously represent the interests of our clients, however, we always seek to do so in the most cost effective manner available.
Trademark attorneys are pioneers in the legal industry on my issues
Additionally, unlike most other areas in the practice of law, it is exciting to be working on the cutting edge of technology and in many ways I consider us pioneers for the entire legal industry in such issues as paperless offices (earning us a Green Office Certification), electronic filing and communication, alternative dispute resolution (ADR) and international legal issues.
Whether you want to file a trademark registration or you are involved in a dispute over a trademark, you will want to consult with a trademark attorney who can protect your rights.
Contact an attorney with Veritas Business Law, LLC for a free consultation.