The registered trademark can be used exclusively (exclusive right). The trademark owner may use the registered trademark exclusively. Phoenix Trademark Lawyers, help to get a trademark for business without taking any hassle.
Role of Phoenix Trademark Lawyers:
When the patent attorney receives a consultation from the applicant for a trademark registration application, the patent attorney will consider the applicable products, services, trademark modes, etc., together with the applicant.
After that, at the request of the applicant, we will conduct a preliminary search to determine whether the right can be acquired when the application is filed and whether there is a risk of a dispute occurring due to the use of the trademark.
2. Preparation of Application Documents
If you decide to apply based on the search results, they will prepare the application documents on behalf of the applicant and carry out the application procedure.
After applying, various notifications will be sent to the patent attorney from the JPO, so we will report it to the applicant, pay the registration fee and submit a written opinion, etc., as necessary to obtain the right.
4. After Trademark Registration
After registration, Phoenix Trademark Lawyers will manage the renewal deadline.
Benefits of Asking A Patent Attorney to aAply For A Trademark
- It is possible to obtain rights with a trademark appropriately.
- You can acquire effective rights according to the actual situation of trademark use.
- Can perform objective and highly accurate preliminary surveys
- It is possible to respond to various notifications from the JPO, such as when the reason for refusal is notified smoothly.
- You can entrust update management
What Are the Merits (importance) of Trademark Registration?
Registering a trademark with help of The Phoenix Trademark Attorney has many advantages.
- The use of others can be exclude (exclusive right). If someone else is using your registered trademark (infringing your trademark right), you can stop using it.
- If another person infringes your trademark right, you can exercise your rights such as injunction, damages, and unjust enrichment.
- Registering a trademark greatly reduces the risk of being sued for trademark infringement by others.
- Utilize trademark rights in-licenses, etc. You can utilize Trademark rights, such as obtaining a usage fee by making a license agreement for exclusive use rights and normal user rights.
- You can increase your brand value. By using the trademark exclusively, you can increase the brand value as your trademark.
You can also use it without registering. However, it comes with great risks. If someone else registers the trademark, it can no longer be use.
The more important a trademark you have, such as when you set up a company, sell a new product, or open a new store, the more you should apply and register the trademark before others.
Trademark Names And Domain Names:
There are no two identical domain names. This is because you cannot get the same name as the domain name that has already been obtain. In that respect, in the case of trademark registration, even if the trademark is the same, it can registered if the goods or services are dissimilar.
Originally, a domain name indicated an address on the Internet and did not function as a trademark. However, the domain name of an online shop site, for example, can also play a trademark role in identifying the source of the services on that site.
Whether or not your domain name usage is a trademark infringement cannot be unequivocally determine on a case-by-case basis, but to avoid such troubles, once you have a d
Precautions Before Applying for Trademark Registration
There are some points to note when applying for trademark registration.
1. Preliminary Search Required Before Application
Even if you apply, if a similar trademark has already been register, the trademark registration will not be permitt. Therefore, before applying for trademark registration, it is necessary to investigate whether a similar trademark has already been register.
The search can carried out by using the trademark search function of the ” Patent Information Platform. “
Before applying, it is advisable to confirm in advance on the JPO homepage that it does not fall under a trademark that cannot be registered as a trademark.
2. Embody Products And Services That Use Trademarks
Trademark registration must identify the product or service.
When applying, it is necessary to specify a specific product or service and list the “trademark and product (or service)” as a set.
Therefore, before applying, it is necessary to specify what kind of products and services you want to use the trademark.
3. It is Safer to Apply Early
Unless they are register with the Patent Office, trademarks are not protect as legal rights. Therefore, even if another company uses a trademark that has been used for many years without permission, there is no right to request an injunction against the other company unless the trademark is register.
Conclusion: Even if you try to register a trademark, and a similar trademark is already register, you will not be able to register the trademark. Therefore, if you decide to apply for the trademark, it is safer to apply as soon as possible.
Read More: Protect Your Brand With the Best Trademark Attorneys
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