• October 2018
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For tech startups, are trademarks necessary?

Honestly, the best advice is to speak with a lawyer. I know this is usually not the first thing a startup owner wants to hear, but it can really save you in the long run.

Typically, the answer to your question depends on a number of different factors. There may be some things you may overlook, or fail to consider, that can end up losing you a lot of money or time.

Although you may have adequate evidence to prove its genuineness of your creations, that is really the last possible resort you want to have as security for your product/logo. Lawsuits can be costly and drawn out and outcomes are never certain, regardless of the evidence. Further, the law may not be as concrete as one may expect when it comes to IP issues such as these, so you should definitely some outside research.

Since it sounds like you are in the beginning stages of your venture, I understand that capital is limited and hiring a lawyer sounds like just another added expense. But as a founder of two separate startups, I can personally tell you how helpful it has been to have a lawyer on board from day one. I have avoided so many potential issues that could have been devastating to each respective company.

To help out smaller startups, we created LawTrades. With our site, you can find lawyers that have 10+ experience but only charge a fraction of what others lawyers charge. When working with limited capital, it is imperative to make sure that you are receiving the best legal services at the most affordable rate. You can connect with our attorneys 24/7 and can conduct most of your legal representation directly through our server. This way you can find legal assistance at your leisure, and conserve as much time for your startup as possible.

When searching for a lawyer, you may want to consider a couple of factors. Here are a few to keep in mind:

1. Price: Obviously, the most important aspect in this case. You want to take the time to find what the going rate is for what you are looking for. Here, it seems like you will just need an initial consultation and possibly a follow up just to see what your best options are. If you decide to file a TM on your logos, that is a pretty standard legal procedure, so the prices should be easy to find and compare.
2. Experience: You want to find a lawyer that has been involved in similar startups as your own. This way, your lawyer will be able to better serve your interests because they will be familiar and competent with the nature of your representation.
3. Business Minded: Also, it is important to have a lawyer who is business savvy and knowledgeable in the industry your company is involved in. Lawyers like this will be able to better gauge the risks/returns of each business decision, and ultimately provide you with unique and meaningful guidance as your company grows.

Aside from these factors, it is good to keep in mind that your startup is an important asset that you want to protect. Although it may be inconvenient to seek a lawyer’s advice at this point, it really may be in your best interests. The worst case scenario is that you don’t protect your property, and you end up losing a great opportunity to capitalize on your own hard-work. Taking a little extra precaution might be worth minimizing this risk.

I hope this answer is helpful. I know it is probably not exactly what you wanted to hear, but I would hate to see you run into difficulties later on. If there is anything I can help you with otherwise, please don’t hesitate to reach out! Best of Luck!

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