You may assume that a new idea or invention is easily made your own. However, the proper application for a trademark or patent, with all steps from filing to approval is more difficult than you may expect. The assistance of a trademark lawyer is often necessary. There may be others who claim they may have had the same idea well before you, delaying the process to obtain a trademark. Those people are able to battle you through the details of trademark and patent law. With the initiation of the first patent well over two centuries ago, this is a very important process in the United States.

Definition of a Trademark Lawyer

A patent or trademark attorney is specialized in patent law along with other processes like intellectual property practices and trademark law. The ownership of intellectual property is something that can be a challenge to gain, and even harder to maintain without the services of a patent attorney. Trademark and patent attorneys hold various roles internationally, considering differences in international intellectual property law and patent protection. Therefore, trademark lawyers sometimes need a broad knowledge of patent law and intellectual property law across many nations because of the creation, manufacturing, and distribution of products internationally.

Trademark and Patent Applications – A Long Application Process

The trademark application process is not one with clear directions. It can take months or even years and often has to be renewed or updated several times. Without the assistance of a trademark lawyer, it is easy to let the 12-month expiration of a single application pass, and the process needs to be started again. With the help of a trademark lawyer, following the laws and regulations of the trademark and patenting process move much smoother, including the knowledge of the inventions that are capable of a patent, exactly which application forms to file and when along with the proper industry in which to trademark your creation.

The Provisional Trademark Application

Luckily, once the initial steps are taken, the trademark application is filed and the waiting process begins. Depending on what you apply for, trademark or patent, the status is pending, sometimes “patent pending.” This lasts for those first 12 months while you are waiting on the approval or the need to renew the application. Throughout the process of applying for a trademark, and not everything meets the qualifications for a patent. Also, over half a million patent applications are submitted to the USPTO annually. This means that there is a good chance that you will have to apply more than once before getting an official answer.