There are many indicators that you may need to find a trademark infringement lawyer, each has its own merits and can be used depending on your case’s circumstances. In any event, if you feel as though you should speak to an attorney about your infringement situation, then there are some questions you will want to be answered:
For example, only a licensed attorney is legally allowed to advise regarding intellectual property rights such as trademarks and patent law.
A non-lawyer may assist with the registration or drafting of documents but cannot provide legal counsel. Unfortunately, this disqualifies many individuals from being able to help. It is always advised to ask them what their background is before taking their advice so that you know whether or not they have been properly trained in the field.
For example, if someone has used your trademarked name in a way that is damaging to your reputation, they may have committed a separate offense such as defamation. Unfortunately, most courts are hesitant to award monetary damages for this type of offense because it is considered an insult rather than actual economic harm, which makes most lawsuits filed on these grounds unsuccessful.
Another example of something to watch out for would be to design patent protection, but not industrial protection, and someone copies your product without permission or credit. Ensure you know which protections apply to you before going after a copycat with both barrels because he might get off with only paying compensation instead of reparations due to lack of coverage under your patents. Again, a lawyer will be able to advise you in this area.
