Trademarks – Why Attorney Guidance is Critical 

In a recent article published, Mark Warzecha of the Widerman Malek law firm talks about why clients shouldn’t protect intellectual property on their own, without appropriate legal advice. Mark Warzecha is a fellow Primerus™ member. Even though his office is in Florida, trademark, copyright, and patent registration are done at the federal level, so you don’t need a local lawyer. Demorest Law Firm and its clients regularly work with Widerman Malek on IP issues. 

Third-party infringement on trademarks and copyrights is becoming an ever-growing struggle. There are several reasons why clients should take advantage of an attorney’s guidance to protect their IP:  

  1. The impact of an incorrect application for a trademark or copyright can be tremendous, even if the mistake is small. Intellectual property filings involve many details that result in common mistakes which could impact your ability to protect your intellectual property if a dispute arose down the line.  
  1. The trademark classification process involves critical nuances that can have profound consequences. When someone registers a word, mark, or logo, the applicant is required to pick a class of applicable goods or services. Choosing the wrong class of goods or services can leave the applicant exposed to third-party use or unenforceability of the trademark, which can have serious business impacts, including unenforceability of the trademark.   
  1. Having the guidance of an attorney with matters related to intellectual property will be able to assist with matters from the start of the application process through to any issues of enforcement. Attorneys can also assist with correspondence from the United States Patent and Trademark Office, which often requires prompt and detailed responses regarding your intellectual property. This will help to better protect your intellectual property and business.  

The full text of the article can be found at:  

Trademarks – Don’t Do It Alone (003).pdf