What Does A Trademark Lawyer Need From You?
You have a piece of intellectual property you wish to defend through a trademark. It is time to meet with a trademark lawyer so you can be sure you've checked all the boxes. However, a trademark attorney will need a few things from you to get the process moving.
All Versions of the Proposed Trademark
Trademarks typically include some form of artwork or typography. Even if a trademark is nothing but stylized letters, such as the IBM logo, it still identifies the brand in a way worth defending. A trademark attorney will want to protect as many possible versions of the same trademark as possible.
You need to provide accompanying artwork showing every possible iteration of the proposed trademark. If you have a color and a black-and-white version of a logo, for example, you need to provide both versions. Likewise, you should provide the specific codes for the colors in something like hexadecimal format. If you're not sure what that is, ask your graphic designer to provide the data for the chosen colors.
Remember, a trademark application can never be too thorough. All variants should go into your application. If you use both the full name of the company and a stylized version of the first letter, include both. Similarly, if you use the logo with and without accompanying text, both belong in the application.
Separate Trademark Items
Many brands use multiple trademarks. Be aware these need to be distinguished from each other. The Ford Mustang is two trademarks because the company brand is separate from the model of the car. It might be tempting to fuse two trademarks into one to save money and time, but a trademark lawyer will encourage you to keep the IPs as severable as possible. Not only does this make the trademarks more separately defensible, but you can sell one and keep the other if the right deal comes along. That will be harder if a two-concept brand is registered as a single trademark.
Documented History
Provide a reasonably detailed history of your use of the trademark. Identify what industries you use the trademark in, too. A trademark is usually only relevant within an industry your company belongs. Refrain from being overly broad in your claims. Stick to what you can document.
Likewise, you should provide some background on yourself or your company, including your name and address. This information will identify you as the trademark holder, and it is critical to your assertion of any infringement claims.
For more information, contact a local trademark attorney.
Share