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What Is the Difference between a Trademark and Patent Attorney?

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  • Written By: C. Webb
  • Edited By: Daniel Lindley
  • Last Modified Date: 22 November 2016
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The primary difference between a trademark and patent attorney is the type of product he or she represents. A trademark attorney helps clients obtain trademarks, which usually means logo or business name exclusivity for businesses. The patent attorney is responsible for helping clients register a patent for a tangible product.

A trademark attorney is used when a client wishes to secure a product name or logo. Slogans also fall under trademark law and would be something a trademark attorney would handle. Once a slogan, name, or logo is chosen, the trademark attorney researches to be sure it is available and has not already been registered by another business. He or she fills out the proper application and files it with the filing fees.

Another difference between a trademark and patent attorney is the expected knowledge base. The trademark attorney is expected to know everything regarding trademark law. Regional laws, education, and certification requirements apply. A patent attorney typically understands a lot about trademarks but is more clearly versed when it comes to product patent law.

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Patent attorneys are involved in ideas, inventions, and products. When a client develops a product, the patent attorney helps him or her register it with the patent office to ensure nobody else can claim it. While a trademark attorney deals in branding, such as with a logo, the patent attorney deals in tangible goods, such as the development of a new medication or the invention of a new type of dog-bathing device. The trademark and patent attorney can work on the same team: one to register the trademark for the product, and the other to patent the product itself.

The amount of required paperwork is different for a trademark attorney than for a patent attorney. Trademark attorneys fill out an application detailing the business name or logo the client wishes to secure. The patent attorney is expected to provide not only the application, but also blueprint designs of the product prototype to ensure every detail of the product is included in the patent.

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