When Should I Hire a Michigan Trademark Lawyer? featured image

When Should I Hire a Michigan Trademark Lawyer?

by John DiGiacomo

Partner

Trademark

It is beneficial to hire a Michigan trademark lawyer when creating and attempting to register a trademark. But, it will become essential if you are facing trademark litigation, want to buy or sell a trademark, want to “go international,” protect your trademark pre-litigation, and in other circumstances. At Revision Legal, we are Michigan trademark attorneys. Call us for a consultation on your trademarking and branding needs. In our experience, starting with an experienced trademark lawyer on your trademarking and branding team saves time and money in the long term.

As noted, it is helpful to hire a Michigan trademark lawyer at the initial creative and registration stages. All prospective trademarks should go through the “search and clearance” stage before too much time, effort, and money is spent developing the trademark. At a minimum, a brief preliminary trademark clearance search must be done for various options being considered. Then, once a definitive choice is made, a comprehensive trademark search should be done. The purpose of the search is to confirm that the proposed trademark is not already in use AND is not otherwise “confusingly similar” to a trademark that is already in use. A Michigan trademark law firm can offer legal guidance as to what might be considered “confusingly similar.” If your trademark is the same as or confusingly similar to another trademark, your trademark registration application will be denied by the U.S. Trademark Office and there is a risk that you will be sued for trademark infringement. Michigan trademark lawyers can also help with other aspects of the creation and registration process. These include:

  • Legal assistance with preparation of the application for trademark registration
  • Guidance with respect to whether an application should be made for a Michigan-registered trademark
  • Help with choosing the correct trademark classifications
  • Handling questions about the application — called “Office Actions
  • Otherwise monitoring the application process
  • Responding to potential Oppositions filed against your proposed trademark
  • Helping to maintain registration status after registration has been obtained

Once your trademark/brand is in use, hiring a Michigan trademark law firm will help ensure that your trademark is protected from infringement. This involves monitoring your trademark for potential infringement by others, sending cease and desist letters, etc. Further, legal advice is important for consistent and proper use of the trademark so there is no unintentional weakening, abandonment, or loss of the trademark through misuse.

At some point, you may want to consider licensing your trademark or engage in co-branding with another trademarked product or service. Licensing can be very complex legally and practically, so obtaining legal services from a Michigan trademark attorney is important.

As noted, if you are facing a threat of litigation or need to use litigation to enforce your trademark rights, hiring trademark litigators is necessary. Companies and corporate entities cannot self-litigate, so hiring courtroom-proven trademark litigators is necessary.

Contact the Michigan Trademark Attorneys at Revision Legal For more information, contact the experienced Michigan Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.

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