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Patents & Trademarks Discussion Forum


Postby Maoltuile » Thu Dec 08, 2016 10:36 pm

"An excellent patent lawyer is generally a sub-par trademark lawyer."

what does that mean? A trademark lawyer is harder?
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Joined: Sat Mar 15, 2014 6:44 am


Postby Cinese » Sat Dec 10, 2016 2:55 am

"An excellent patent lawyer is generally a sub-par trademark lawyer."

what does that mean? A trademark lawyer is harder?
Posts: 47
Joined: Fri Jan 03, 2014 9:03 pm


Postby Tai » Mon Dec 12, 2016 12:53 am

Actually, the reverse is true.  Patents involve not only understanding of USPTO and other patent laws and requirements, but a broad knowledge of sophisticated scientific principles so that they can accurately explain the invention to the USPTO and other patent agencies.

Trademark law, by contrast, is focused on business & marketing concepts like consumer confusion, stream of commerce, etc.  

When many people think of intellectual property("IP") or an "IP lawyer", they often think of patent lawyers - even though perhaps they need assistance with copyright or trademark.   

The point of my statement is that trademark and patent law are extremely distinct practices of law - even though handled by a common US office:  the USPTO. In other words, I was pointing out that patent law is a specialty, as is trademark law.  Just because someone is a patent specialist, doesn't make them a copyright or trademark specialist. In fact, a "top-notch"  (and not just "average") patent lawyer is generally quite busy handling patents and keeping up with scientific innovation.  Any trademark work they do is often more of a "side line.  Although a non-specialist can often do competent work, people are often better served by engaging the assistance of a specialist.  "

My statement was meant to be "controversial" - as requested by the AllExperts questionnaire.  Of course, there are exceptions, and I haven't done a scientific survey to prove or disprove my assertion. You'll notice that I didn't comment on any "top notch" trademark lawyers - that's a whole different analysis.  
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