When Does An Individual Need A Trademark Lawyer?

To the small extent any average person ever thinks about what a trademark layer does, they likely assume the work only involves corporate clients. However, there are many times when an individual should consider obtaining a trademark. If you're going through one of the following scenarios, you may want to reach out to a trademark attorney.


Anyone who has a name for an invention should consider building a set of trademarks around it. Bear in mind that you don't need to settle on a single trademark at this time. If you have several good ideas, now is the time to research the proposed trademarks. A trademark lawyer may conduct a search and find that several are already taken, and that can at least help you to eliminate a few possibilities.

Register as many of the trademarks as you can reasonably handle financially. It is better to have a few too many than to miss one that you end up using.

Sole Proprietorship

If you're doing business as a sole proprietor using a commercial name for your operation, it can be hard to protect your rights. Ideally, you should establish an LLC and do business that way. However, you might have established some trademarks in the course of your operation as a sole proprietor.

For example, you might have developed something of a brand as a contract worker. If people associate your brand with your business, it would be wise to trademark the brand.

Sudden Fame

People who shoot to sudden fame should consider locking down all of the intellectual property associated with their names as fast as possible. Others will try to exploit your good name, and a trademark is a solid starting point for defending and commercializing it. If you rocketed to notoriety overnight, even as something like a niche social media celebrity, it's wise to talk with a trademark attorney about defending your commercial rights and interests.

Brand Development

Some folks also establish their fame a bit more slowly. A person who is building a YouTube channel or a Twitch stream, for example, is also engaged in brand development. It might be tempting to let trademark registration go while the whole exercise seems small and fun. However, you could lose the ability to protect your rights down the road if things blow up and you don't have your trademarks locked down. Develop your brands early, and file your trademarks accordingly.