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A trademark attorney (U.S. spelling) or trade mark attorney or agent (UK spelling) is a person who is qualified to act in matters involving trademark law and practice and provide legal advice on trade mark and design matters.
Trademarks may be registered online. The USPTO charges a $275 fee for online trademark applications. The process takes about 6 months from initial application to final registration. It is a general practice to hire a trademark lawyer to file the application on behalf of the future owner.
The Lanham Act specifies available compensatory remedies, and they do not include attorney's fees; furthermore, attorney's fees are generally not recoverable without statutory or contractual provisions. United States v. Sealy, Inc. 388 U.S. 350: 1967: 6–1 Non-trademark: Anti-trust Majority: Fortas: Sherman Antitrust Act
In 2020, trademark applications marked the sharpest declines and inclines in American history. During the spring, COVID-19 lockdowns led to reduced filings, which then increased in July 2020 to exceed the previous year. August 2020 was subsequently the highest month of trademark filings in the history of the U.S. Patent and Trademark Office. [93]
The trademark registration process with the USPTO generally follows these steps: [83] Application: A trademark application is filed after completing a clearance search to identify any potentially conflicting marks. [84] Examination: An examining attorney reviews the application to ensure it meets legal requirements and that the trademark is ...
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