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7 Questions to Ask a Trademark Lawyer in the First Meeting

— May 14, 2020

While making a choice, many questions crop-up related to the trademark lawyer’s experience, expertise, and ways and means of evaluating his work strategy. These questions take the main stage.

When you start a company and plan to move ahead with various profit-yielding projects, a trademark lawyer is the one you would prefer hiring. To give the company a solid base, a trademark lawyer has a vital role to play. And, while trademarking your company, various questions related to their necessity, procedures, and registrations process come up. That is the time when you require a trademark lawyer. For many, searching and getting hold of a decent, yet compatible trademark lawyer is of utmost importance. And, sometimes daunting, too. But, if you make a wrong choice, it turns more intimidating and pocket-pinching.

While making a choice, many questions crop-up related to the trademark lawyer’s experience, expertise, and ways and means of evaluating his work strategy. These questions take the main stage owing to the amount of responsibility taken by a trademark lawyer while working for some concern. Thus, to get the know-how, read below the rundown of seven essential questions that you should ask your trademark lawyer in the initial meeting.

  1. What is your expertise in the field?

While hiring a trademark lawyer, find out about his knowledge in a particular area. For instance, most patent lawyers, along with trademark and copyright lawyers, are commonly known as “Intellectual Property Lawyers” It is a more polished manner of addressing them. The digitized era of today, however, recognizes these fields separately, giving them distinctive and specialized features. Many non-lawyers are unaware of the same. If the lawyer is specializing in patent law, it does not mean that he has to be an expert in trademark law, too. While hiring a trademark lawyer, never confuse between patent and trademark law. Patent law deals with problems related to chemicals, biotechnology, mechanics, and electronics. A trademark lawyer specializes in registration and filings for the company he is representing. Thus, hire one following your company’s requirements.

  1. Does your training and past working experience count for the company’s development?

The expertise of a trademark lawyer counts a lot for the company he is representing. His knowledge carries a lot of meaning and helps in the further development of the company, especially in the legal angle. Their main task is mentoring and having hands-on experience over the company’s legal proceedings. In recent times, they are much more efficient with online filing of various cases. And, they are expert in handling multiple files on the ground and explaining different legal parameters to their clients and company personnel, in a deft manner.

  1. As an experienced trademark lawyer, how much do you understand about marketing strategies and the Internet?

While hiring a trademark attorney, ensure that he has in-depth knowledge about Internet marketing and advertising-related problems. The back-and-forth relationship concerning the marketing domains and trademarks should be one such field the lawyer should be well-aware of. A trademark lawyer is an expert offering honest advice of selecting and protecting the well-acclaimed brand name of the company. Occasionally a trademark lawyer advises his clients to choose a new mark and start from scratch, as they know how to trademark a phrase. They offer these strategies on whatever things to file and what are the proper procedures efficiently and deftly.

Graphic of gavel on polished desk; image by Vanna44, via
Graphic of gavel on polished desk; image by Vanna44, via
  1. Domains come up with particular issues. Are you comfortable handling those?

It is true that when you have a large number of domains to manage, they come up with individual and specific issues. Sometimes, situations arise when the trademark lawyer of your company is the sole authority to decide upon the consequences related to the recovery of these cyber sections’ domains. These are marginally priced and not too complicated. But only a trademark lawyer does these affairs. You, as the proprietor of the company, are entirely responsible for hiring the right concerned person. And, in all these circumstances, they have only one chance to solve the matter with their past experience.

  1. What is your preference – A ‘one-time transaction’ or a ‘meaningful relationship’? 

A meaningful relationship is what we all look forward to. And the same goes for the trademark lawyer and the firm he is working for. Try to grow a relationship cemented with trust, cooperation, and a humble attitude. The simpler and more logically both of you think, the more reliable and secure your relationship will become. Remember that any dedicated trademark lawyer has feelings. He, too, has his ways of thinking and progressing over certain things. Try to respect that and give him the leverage to handle company-related situations. Any dedicated trademark lawyer with a professional mind-set ought to look out for a meaning association. So, if your goal is to progress with your brand, rely upon an expert and experienced trademark lawyer.

  1. As a trademark lawyer, are you interested in settling a lawsuit within a stipulated budget?

With the total expense of trademark litigation reaching sky-high, do you think of affording justice? In a specific contested matter, various strategies develop heading to a settlement. Discuss with your trademark lawyer beforehand to keep the costs low, and not too hard on your pockets! Keep a strict vigil over the litigation and the company’s timetable, as they both are essential for most trademark owners. Hire one who can smoothly operate and settle these cases, keeping the estimated cost in mind. 

  1. Is the level of communication between you satisfactory?

Lawyers carry a decent image amongst their employers, while having a trustworthy reputation. But, that is all-inclusive of how the trademark lawyer treats his legal work and his clients. Very rare, though, but some lawyers have the inbuilt tendency to argue unnecessarily. They try to overpower their employer’s decision. You should then look for a better alternative. Trust is the essential criteria in the client/lawyer relationship. They should have the innate capability of trusting each other and portraying a clear understanding of each other’s issues. Thus, communication remains clear between both.

Bottom line

From hiring a trademark lawyer to experiencing steady progress from his end, it is quite an intimidating task. So is the initial process of hiring the right trademark lawyer. They are the main pillars of the legal section of your valued concern. They support all through the various ‘ifs and buts’ that your company might have to face. And, exploring the means of enquiring about their expertise, acts as guidance over the correct identification of their knowledge. The above discussed seven questions that you ask any trademark lawyer during the first meeting, ought to guide you well in building a relationship full of trust and positivity.

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