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Why You Shouldn’t Hire A Patent Lawyer For A Trademark Issue

Intellectual property law includes the fields of patent, trademark, copyright and trade secrets law. Attorneys who practice in one or more of these areas often market themselves as “intellectual property attorneys”. However, very few of these attorneys have obtained mastery of more than one of these fields.

In fact, most lawyers who market themselves as intellectual property lawyers focus on patent law. Patent law is the largest intellectual property practice area, and an attorney must pass a separate bar examination to practice in this area. Since this area is specialized, patent lawyers are highly compensated relative to other attorneys for their patent work. However, a client should think twice about paying a premium to such a patent specialist for trademark advice. Why?

Trademark law involves skills that diverge from the skills that are necessary for patent law competence. Patent viagra attorneys usually have heavily technical or scientific backgrounds, which are helpful to decode the complex technical or scientific issues that are often the hallmark of a patent registration or patent dispute. However, trademark issues are rarely so technical, nor do they require specialized scientific or technical knowledge. Rather, resolving trademark issues is enabled by good business judgment and a skill set that includes a strong grasp of marketing, business strategy and commercial law principles.

So the upshot is… as a consumer of legal services, why would you want to pay a premium for somebody to handle your legal problem when the nature of their training virtually guarantees that they do not have the best skill set to understand your needs? As an alternative, look for a trademark attorney who understands your business.