Friday, May 10, 2024
Friday, May 10, 2024

List of Questions to Ask to Find the Trademark Attorney in India

by Swati Raghuwanshi
Trademark Attorney

In the highly competitive market it becomes very difficult to find a trademark attorney who can help you out to protect the assets of one’s business. There are many types of assets in a business and one such asset is trademarks. Hence their protection against the infringement is really important for the business. They are helping the business to grow and develop in the market. They make the business reliable and increase its credibility. Also helps in the recognition of the business in the market which will result in customer trust and investors interest in the business. Nowadays there are hundreds of trademark lawyers in the market, out of which you need to choose the best one. It is not at all easy to find the trademark attorney in India these days. 

Why to Find the Trademark Attorney? 

Some of the benefits or we can say advantages of hiring a trademark attorney are discussed below: 

  • Makes your work easy and hassle free with their legal expertise in the field of trademarks
  • Stands before the court on your behalf in case required is one of the best advantages to find the trademark attorney
  • Helps in the search of the trademark as well as its clearance 
  • Prepares the application for the registration of trademark and submit it 
  • Response to the actions of the office of the trademark registry
  • Helps in the enforcement of the trademark 
  • Assists in the international trademark protection 
  • Helps in maintaining and renewing the trademark time to time 

What is a Trademark? 

Trademark is made up of two words that are “trade” and “mark”. If you combine them and try to find their meaning it implies marks which are related to trade. Hence as per the Trademark Act which came in the year 1999, all the marks which are associated with the business in the form of logo, sign, symbol or any other such thing and will provide recognition to the business widely in the market are known as the trademarks in India. Registration of these trademarks with the trademark registry is called Trademark Registration

Top Question to Ask to Find the Trademark Attorney in India 

Some of the top questions one should ask on order to find the trademark attorney who is best for your work are discussed below: 

What is your Experience in Trademark Law? 

As the market is full of trademark attorneys, it’s really a task to choose the best among them all. In order to make it easy for you we are here with this question. By asking their experience in trademark law you can know about their expertise. More the experience more the expertise, hence always ask them about their expertise in the field of the trademark law and trs related works. 

How Does the Trademark Registration Process Work? 

To learn more about the trademark registration process, you can ask the attorney the questions listed above. This can help you determine whether or not your attorney is aware of the same procedure. Before registering a trademark in India, you should understand the method by which you will obtain this registration with the assistance of your trademark attorney. In this way you can find the trademark attorney who can represent you if required. 

What is your Success Rate in Registering a Trademark? 

Sometimes people are experienced and have a lot of cases in their hand but their success rate is very low. By giving your work to them means you are taking a risk and there are chances that you may lose your trademark. Hence always ask the attorney about their success rate, so that you can calculate your chances of success. Success rate shows you out of the total cases he has, how many he won. Won here means decision in favor of his client. 

How Long Does it Take to Register a Trademark? 

Although it’s difficult to answer this question, because it is really different case to case. In some cases which are easy and not that complex time will be less and in some cases which are complex time will be more. But in that scenario as well you can ask your attorney about the estimated time your registration is going to take. He can analyze your case particularly and give you answers accordingly. 

What is your Communication Process with your Clients? 

Sometimes clients face a lot of issues while communicating with the trademark attorney, because they don’t have any idea about how to communicate with them. Hence always make sure that you will discuss the modes of communication with your trademark attorney even before hiring him or her for your work. This will save you from situations like not being able to communicate without the attorney you have hired. 

How Much Do You Charge for Your Services? 

Whenever you are trying to find the trademark attorney, always remember to make sure you will ask him how much he or she is going to change against his or her services from you as a client. Also do not forget to compare the same with the other attorneys as well. But simultaneously you need to take care not to fall into the traps of those who are offering services at a very low cost. They are surely not going to deliver what you want. 

What is your Approach to Handling Trademark Disputes? 

While filing applications for the registration of the trademark, many times people face disputes. This is because publication is the key part of the trademark registration where the trademark has been put in the public domain and the public can raise the objection against the same. In that case it really needs to prove that the trademark belongs to you. That is where you need a trademark attorney who can speak on your behalf. Hence in order to prepare for such situations you must be aware about the approach of your attorney to handle such situations. 

Can you Provide References or Testimonials from your Past Clients? 

Whenever you take any services like legal and finance from any professional, always ask for the review as well as testimony of their old clients. This will actually help you out to find the trademark attorney who is the best for your work. Reviews and testimony helps in getting the feedback of the attorney, hence always asking for the same. 

What is your Availability and Response Time?

Sometimes after getting the full payment your attorneys don’t even respond to you, therefore you should ask them about their availability so that at that time you can contact them. At that time you can contact your attorney without any hesitation. And in that time there are more chances that your attorney will respond to you. This is one of the main questions in order to find the trademark attorney who is suitable for your business. 

What are the Benefits of the Trademark? 

Before registering your trademark, you should find the trademark attorney who can make you understand the benefits of the trademark. This is because due to those benefits you are thinking about obtaining this registration. In case you want to know what all are the benefits of the trademark registration, you can ask the same question to the attorney. 

How much does Trademark registration Cost? 

With the services changes of the lawyer or we can say trademark attorney, you must confirm about the government fees of the trademark registration. With MSME the registration fees are low and without MSME Registration it is just double. As a result, you must confirm all of this with your legal counsel in order to avoid uncertainty later on. In order to find the trademark attorney who can help you out with all this and save your money you need to do a little research of the market. 

Conclusion 

To find the trademark attorney is not difficult, but to find the trademark attorney who is appropriate for your work is a mammoth task or we can say very difficult task. Hence to make this difficult task easy for you we are here with the present write up where we have discussed some questions which are going to help you while finding an attorney for your trademark registration as well as other related work of the trademark. This will make one of the most difficult tasks into a simple one. In case you are having any doubt regarding the present blog feel free to contact us. We are really pleased to help you out with the same. 

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