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JonL12345

How to choose a trademark lawyer

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I have never hired a lawyer before, except when buying a house, so I have no idea where to start.

 

Recently, I received an opposition to a trademark application, so it looks like I need to get some legal advice. So I have a few questions!

 

1. Is it best to get a local lawyer, or are most meetings done by phone or Skype?

 

2. How do I evaluate if the lawyer is any good?

 

3. When you are making initial enquiries, do they charge you when you speak with them? Or do you tend to speak with their assistants on initial enquiry?

 

4. Should I speak to a couple of different lawyers first?

 

5. Do most lawyers charge by the minute?

 

Anything else I should be aware of?

 

Thanks,

 

Jon

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Hi.

 

 

I'm sorry you haven't had any replies yet, I've flagged your thread for the site team to see if someone can help,

 

 

Are there lawyers involved on the other side?

 

 

HB


Illegitimi non carborundum

 

 

 

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who has objected to your application and on what grounds? If your trademark is your name then the opposing side will lose but will make it expensive for you. Is the opposer in the same commercial activity as you? If not then easier to win so for example if your name is Clark and you are selling shoes you can understand why someone would objsct but that wouldnt be the end of it as long as you are careful on what you are trademarking as they use a particular script etc.

 

 

As for specialist lawyers, ask the Solicitors Regulaion Authority for a list of relevant names and then do a bit of searching on a few that take your fancy.

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Without giving out the name of the opposer, let us say it was Apple. Assume I have a brand called AppleSponge. They would claim that I am leaching off of their good name. I think it is opposing on relative grounds. They haven't given any grounds. It is a threat of opposition, showing intent to oppose after the 1 month recommended warning period.

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then I presume that you go ahead with your application as they have failed to put up the promised opposition. If the "Apple" co are in the same business sector as you then you may find you dont get the trademark regardless of any opposition or lack of it.

Bass' red triangle was the world's first trademark but at the time some 100 other companies used it, mostly to rip off the Bass good name.

again, apple cant realistically object to you using the name of another fruit as blackberry, apricot etc all exist ( and some before apple did)

 

 

The only nighmare may prove to be getting the wording exactly right of you go it alone

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Thanks for all the replies. I have withdrawn my trademark application now.

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