Patent Lawyers – Protecting Intellectual Property

A trademark lawyer is an individual who provides expert legal advice on the usage, protection and enforcement of trademarks, which are protected symbols, names, logos, images and special characters adopted by a brand so as to distinguish its products and services from those of its competitors. Trademark attorneys are knowledgeable about case laws and legislation surrounding trademarks and are able to help clients in applying for and defending their trademarks.

Patent Lawyer Intellectual PropertyIf you become a trademark attorney, you will be providing your clients with both technical and legal advice. Not only will you be responsible for advising on the adoption and selection of new trademarks, but also for enforcing trademark rights in the instance of infringements. Additionally, you will be tasked with filing trademark applications, advising on the use and registration of trademarks, and researching selected trademarks to check if they are already in use across the globe.

Duties of a trademark attorney

A trademark lawyer helps ensure that your application is properly registered with the appropriate local or global trademark office. Subsequently, he or she will advise you on the prospects of your application becoming a registered trademark. In addition, the lawyer will help you evaluate the risks involved with adopting a particular word, phrase, logo or slogan. He or she may even help you determine whether the potential trademark could violate the rights of another entity or individual. Should you decide to adopt the trademark, your attorney will file the application and immediately communicate with the respective trademark office as required.

Prior to a specific trademark being registered, a thorough background search must be performed. This search helps verify if the trademark in question is already in use around the globe. As such, a trademark attorney will be required to perform extensive Internet background searches to see if a client’s proposed logo or mark is already in use and checking local business and state listings to see if the proposed mark has been used previously.

Moreover, a trademark lawyer is tasked with monitoring the use of his or her client’s mark so as to guard against trademark infringement. To achieve this, the attorney will often check on competitors to see if they are incorrectly using any of his client’s trademarks. Some attorneys may even ask their legal secretaries to set up and monitor automated Google Alerts systems that are designed to monitor use of clients’ trademarks and relay automatic notifications.

It is not uncommon to find a trademark lawyer with expertise in other areas of intellectual property such as patents and copyrights. Whereas a trademark attorney with expertise on patents may help his or her clients secure exclusives rights to inventions, one working on copyright cases may assist his or her client acquire exclusive rights to a specific work such as a written book or song.

A trademark attorney may also be responsible for preparing and filing paperwork with a court of law as required, facilitating the discovery process, and interviewing witnesses. If the case goes to trial, the lawyer represents his or her client in court. However, if the plaintiff and defendant decide to settle the case outside of court, the lawyer will carry out negotiations on behalf of his or her client.

Conclusion

In summary, a trademark lawyer is an individual who specializes in trademark law. He or she might provide assistance with trademark registration, including activities such as background trademark searches, and filing registration forms with respective trademark offices.

Why It Pays To Be A Certified Paralegal

certified paralegalA Certified Paralegal (CP) or Certified Legal Assistant(CLA) is the title given to paralegals who have passed the Certified Paralegal Exam and have met the educational and experience requirements to be certified as a CP or CLA. Their work involves assisting attorneys to deliver legal services. A certifying board is responsible in the determination of the content and setting of the standards for administration of the certified paralegal program. These boards consist of experienced paralegals who hold an advanced paralegal certification.

To become a Certified Paralegal, the following steps can help prepare a person be able to take the examination:

1. Learn as much as you can concerning the various credentialling bodies.

2. Meet all the eligible requirements to enable you take the certification exam. Eligibility is through the completion of a paralegal’s education approved program. One year legal experience with a bachelor’s degree can also qualify a person

3. If currently in high school, you can check with a guidance counselor on recommendations of accredited schools which offer paralegal training.

4. Arrange a campus visit to schools in your area that offer training

5. Get as much information as you can from many legitimate sources

To become a Paralegal, you need to voluntarily pass the Certified Paralegal Exam (CP Exam) administered by the National Association of Legal Assistants (NALA). To maintain the certification, the Paralegal will need to fulfill ongoing educational requirements for them to keep their certifications up to date. This certification is not a requirement by law, but it helps professionals to gain an advantage over the other paralegals in the job market who may not be certified.

Paralegals have the capability to complete many of the same duties as a lawyer, but they cannot argue a case in court or even provide legal advice to a client. The paralegal can also not develop the attorney-client relationship, or even sign papers on behalf of the client. The paralegal can also not set and collect any legal fees.

Certified Paralegals have the following duties:

1. They interact with the clients

2. Help prepare the cases

3. Perform the required legal research

4. Assist the lawyers in court

Certified Paralegals can advance in their careers in law firms, insurance agencies and government agencies.

There are different types of Paralegals and Degrees:

1. Career Paralegals who stay in the profession and usually specialize in a particular area or field. They work in law offices

2. Transitional Paralegals work as Paralegals for one or two years before going back to law school

3. Temporary or part-time Paralegals work in the legal field but also pursue other options for example in creative or performing arts.These Paralegals usually have no intention to further their legal education in law school.

There are two types of Paralegal programs, the American Bar Association Approved and one that is not ABA approved. ABA has established guidelines to be used for the approval of the Paralegal programs and these include:

1. The program must have operated for a minimum of two years and there should be students who have graduated

2. There has to be an advisory committee that will consist of practicing lawyers and Paralegals, as well as faculty and educational administrators

3. The curriculum will have to include general education classes like English and Science and legal speciality training like legal research and writing

4. Practical assignments must be offered

5. Direct interactions between students and faculty is mandatory

6. Internships and other practical experience must be encouraged

Essential Steps To Becoming A Lawyer In Florida

The field of law offers an exciting career in a dynamic profession that is diverse and complicated yet very fulfilling for those with the passion for it. To become an attorney in the state of Florida, one is required to complete undergraduate education and get at least a bachelor’s degree. Although the Florida Board of Bar Examination does not require you to have a bachelor’s degree to become a member of the bar, it does require that you be a graduate from a law school that is American Bar Association-accredited. Under ABA rules, to gain admission into an ABA-approved school, one has to have a minimum education level of a bachelor’s degree.

Florida AttorneyOnce you have completed your undergraduate education, you need to sit for and pass the LSAT, Law School Admission Test, to get accepted into an ABA-approved law school. There are 9 ABA-accredited law schools in Florida and the yearly tuition along with cost of living and books totals to around $30,000. There is also an LSAT fee of $160 paid to the LSAC, Law School Admission Council when you are registering. After admission into law school, you are required by the ABA to undergo instructions for 58,000 minutes which equals around 83 semester hours. The minimum number of months that one is supposed to be enrolled in law school is 24 months while the maximum is 84 months in order to earn a Juris Doctor degree. An academic year according to ABA standards should be 130 days long extended over eight months. To gain entrance to the Florida state bar, you must have a Juris Doctor degree of L.L.B (Bachelor of Laws).

You must then take the Florida State Bar exam to become a member of the Florida Bar which is the Third largest bar in the United States. A background investigation is mandatory for anyone applying to take the bar examination. The bar exam usually consists of two parts the first of which covers general and Florida laws as well as multiple-choice and essay questions while the second part covers the Multistate Bar examination which contains 200 multiple-choice questions. The following topics: Florida constitutional law, federal constitutional law, torts, criminal law, estate law, evidence, family law, contracts and property law are covered in the bar examination. After passing the bar exam, you are required to take and pass the Multistate Professional Responsibility exam which consists of multiple-choice questions which are meant to test the knowledge of the attorney on the laws and rules of professional conduct in the practice of law.

After becoming an attorney you need to complete 30 hours of MCLE, Mandatory Continuing Legal Education, in order to maintain your license. The hours are divided into the areas of ethics, substance awareness, mental illness awareness and professionalism. After receiving your legal license, you will be assigned a three-year reporting cycle and your MCLE credits must be posted online in the Bar system of the state. The journey to become an attorney is challenging but it offers excellent monetary compensation as well as an opportunity to give back to the society.

Caught while DUI? Get a DUI/DWI lawyer

Almost everyone has had a situation where they were driving after having an alcoholic beverage. Driving while intoxicated (DWI) and driving under the influence (DUI) are offenses and a person whose blood alcohol level exceeds the limit will be convicted. The legal limit, depending on the jurisdiction, is between 0.05 and 0.08%. Some jurisdictions have harsher conviction if the person has 0.12% or more.

The number of drivers who were caught while driving under the influence is quite high – in 2010, there were more than 1.4 million. It’s no wonder that there are lawyers out there who specialize in DUI and DWI cases.

Drunk DrivingIt’s quite often that the public defender cases are DUI cases. Lawyers who specialize in DUI/DWI are experts in DUI/DWI laws of their state. The lawyer will explain the charges to his client and recommend the best course of action. He will also represent the client in court. Even though the client may plead guilty, a good lawyer will be able to lessen, even drop the charges quite early. All of this happens before the actual trial, on the pre-trial conference. A plea or sentence bargain is also possible.

There are several rules on how to act when being pulled over by a police officer because he suspects that you are driving under the influence – first of all, admitting will make it harder for the lawyer to prove you were innocent, so saying you are just tired is one option, but you can also choose to remain silent. Many people try to avoid any kind of testing, but this will make matters more complicated. It’s good to know that the officer can’t pull you over if there is no probable cause. Probable cause includes speeding or driving too slowly. If the officer notices that the person has slower reaction times or slurred speech, he may also demand testing. Knowing what you have to say and what you don’t will help your lawyer make a stronger case, which will increase the chances that the charges will be dropped.

The lawyer will also gather expert witnesses and investigators who will be able to back up his claims, and he will try to expose discrepancies within the charges or the procedures. A good DUI lawyer will know every single DUI law of his state, but he will also require good communication skills when dealing with prosecution, as well as his clients. Some clients may expect miracles from their lawyer, so it’s important for the lawyer to inform them of their options and rights. High organizational skills are also necessary, as the number of fine evidentiary details is high and only a capable lawyer will be able to handle all of that.

As the DUI/DWI arrest numbers grow, so does the demand for lawyers who specialize in such cases. When searching for a lawyer, make sure he is up to date with the laws. A DUI/DWI lawyer will have to keep up-to-date with changes and advancements to laws about driving under influence and driving while intoxicated. A continuing education is the only viable option for them if they want to be any good.

How Can a Good Lawyer Protect Your Civil Rights?

Civil rights protect an individual from infringement by private organizations and governments. They ensure that every person has the right to participate in the civil life of the state without being repressed or discriminated.

In the US, the civil rights are constitutional and outlined in the Bill of Rights. As times change, so do the civil rights. The US Congress responds to civil rights movements and authorizes civil rights acts when needed. Civil rights ensure proper treatment of people and they protect people against harassment and discrimination based on gender, race, religion, physical or mental disability, sexual orientation, nationality and national origin or gender identity. Civil rights also ensure individual rights: freedom of thought and conscience, expression and speech, religion, movement and press.

Defend Civil RightsCivil rights lawyers specialize in handling cases where an individual’s civil rights were obstructed by either another individual, institution, or state. It’s their duty to prove that their client’s civil rights were obstructed. A successful case will result in monetary compensation for the client. Most civil right lawyers are passionate about one particular issue or group, so it’s quite common that they specialize in laws and regulations that are of particular interest to that group or issue. They usually focus their work on LGBT rights, disability rights, women’s rights or human rights. Some of them will focus their work on freedom of expression or privacy. Others will work on sexual harassment cases or voting rights.

An individual whose rights were violated has every right to file a civil suit against the institution or person that violated those rights. It’s best to consult an attorney specializing in the issue, as he will know the best course of action. The attorney will advise his client about his rights and he will also explain the procedures.

The duties of a civil rights lawyer include investigating legal data and presenting cases to juries and judges. A civil rights lawyer also deciphers laws for individuals, as well as organizations and businesses. He negotiates legal disputes and settlements, and he also formulates legal briefs. In case his client wants to file a legal appeal, he will do that as well.

So, what traits should a civil rights lawyer have in order to be good at his job? Well, it’s important for the lawyer to be an expert in the field of civil rights – knowing the laws and regulations of the state is mandatory. The lawyer should also be able to work under stress – civil rights cases are known to attract quite a lot of publicity. Because of this, the lawyer should be able to handle high-profile cases.

Many civil rights issues are not well known and many people are full of misconceptions about certain civil rights issues. This is where a good civil rights lawyer makes all the difference. A good civil rights lawyer will make use of the publicity – he will use the opportunity to present the issue to the broad public and educate them about the issue.