We make your life easier by allowing you to confidently outsource your trademark department on an as needed basis.
We make your life easier by allowing you to confidently outsource your trademark department on an as needed basis.
In California, Paralegals are governed by California Business and Professions Code Sections 6450 et al, which allows paralegals to perform legal services under the direct supervision of an attorney, so as long as there is a consulting attorney involved for the final approval of legal services, an independent paralegal can perform legal services. Most importantly, The Trademark Paralegal LLC continually reminds clients that we do not give legal advice on any matters, only information.
Additionally, paralegals must always uphold and protect the rights held between an attorney and a client concerning privilege and confidentiality, and we are legally and ethically required to do so under the American Bar Association’s Model Rules for Professional Conduct, Model Rule 5.3, so you never have to worry about confidentiality and disclosures.
As mentioned above, paralegals cannot perform legal services without a supervising attorney, represent you in court, or give legal advice or direction.
Here at The Trademark Paralegal and under the guidance and supervision of an attorney, paralegals can do any task outlined in our List of Services, needing very little direction from the Supervising Attorney/Client.
If a trademark becomes involved in an opposition or litigation, we would refer the Supervising Attorney/Client for further legal assistance as this type of legal work (drafting legal opinions, answers, civil pleadings) should be handled by a Trademark Attorney.
Similarly, if a refusal is issued by the United States Patent and Trademark Office against a trademark application, and the Supervising Attorney does not feel comfortable with reviewing an office action drafted by The Trademark Paralegal, we can refer the matter to a Trademark Attorney as well.
Here are some of the main perks to referring your trademark work to The Trademark Paralegal instead of a different law firm:
You don’t run the risk of losing a client to a competing attorney in town (or elsewhere);
All correspondence will remain in your name and come from you, keeping your client’s legal portfolio homogenous and easy to manage;
You can keep the costs low for the client;
You can keep the profitability higher for you and your firm;
If you prefer, you can use The Trademark Paralegal services to train your in-house staff to handle trademark matters and you can create your own Trademark Paralegal!
The short answer is no (as of right now, the laws are slowly but surely changing!). Please continue to fill out the contact information form and I can provide you with a referral and additional resources to consider.