A Law Career

Patent Acquisition - The Legalities Involved

by Ruby Mckinney

Obtaining a trademark will allow you to legally market your brand or slogan, without the risk of a 'copycat' using your creation to benefit themselves. An attorney who handles patent and trademark applications and processing requirements can guide you through legalizing your brand or slogan.


Trademarks are used to identify a brand, an original slogan, or a memorable logo. An individual who will be starting up a business may be interested in obtaining a trademark for one or more of these items. Trademarks legalize the creation that belongs to a business owner or an entrepreneur. A trademark will prevent anyone from opening a business under the same name or attempting to sell merchandise or services that use the same marketing slogan or logo.

The qualifications necessary for obtaining a trademark differ from those required for obtaining a patent. A patent needs to be acquired when an individual would like to legalize an invention or a technical process. Patents are also needed if a song, book, or another personal work is going to be published.


Any person who is applying for a patent or a trademark will need to file paperwork through the United States Patent and Trademark Office (USPTO). An attorney who handles patents and trademarks can file paperwork on your behalf. First, you will need to consult with this type of attorney and tell them about the trademark that you are seeking. If you are going to be applying for more than one trademark, the attorney will direct you toward filling out multiple applications.

An attorney will research the trademark information that you provide them with. The research will determine if anyone else has already acquired a trademark that is the same as yours. If an issue does arise, which prevents you from obtaining the trademark that you are seeking, an attorney can guide you in modifying the wording.

In some situations, another person could have obtained a trademark that is similar to yours, but you may still be deemed eligible to obtain a trademark that utilizes the same wording. If the original trademark is representative of a completely different business or service from yours, there may be an allowance that will deem you eligible to apply for the same name. You may need to wait several months, prior to hearing back from the USPTO and officially being granted the right to use the trademark.

For more information, contact a patent attorney in your area.