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Browse our 2 legal questions about Trademark and the lawyer answers, or ask your own questions for free.
A trademark indicates any sign that individualizes the goods of a given enterprise and distinguishes them from the goods of its competitors. It includes words, phrases, symbols, designs, or even non-visible signs such as sounds and fragrances which identify the source of the goods or services of one party. Trademarks are under the protection of intellectual property rights. Similar to copyright, trademark protection is obtained through registration. It requires the trademark holder to file an application for registration with the trademark office along with paying the required fees. A trademark registration gives the owner an exclusive right to use the registered trademark or license to other people for use in return for an agreed payment. Furthermore, the registration reinforces the legal certainty of the owner in case of litigation that may occur.
Unlike a patent which can only be registered once, a trademark is renewable on an additional fee that the trademark office will charge, and it can be done indefinitely as well.
A trademark attorney or lawyer would assist with the adoption and selection of new trademarks; filing and prosecuting applications to register trademarks; handling trademark oppositions, etc. On top of that, a trademark attorney will represent the owner on any infringement or litigation regarding trademark matters.