Q: How do you go about appealing oppositions when your lawyer and you no longer speak but they're listed as the attorney?
My lawyer who originally filed the Trademark for my company and I no longer communicates. We recently just received a notice of trademark opposition and we need to appeal it, however, I don't think our lawyer will help us out with this. Is he legally obligated to fight the opposition if he is listed? I don't think he will respond to the complaint. How do we take this matter into our own hands?
A: You may have signed a retainer or engagement agreement with your lawyer while taking the help for trademark registration purposes. That engagement agreement will explain in detail about the agreement termination. Usually lawyers get an engagement agreement only for a particular purpose. If that purpose is served, agreement terminates. Sometimes lawyers also explicitly state via email or postal mail that they no longer represent you.
In this situation, your lawyer may have been listed as attorney while filing a trademark application. This listing on trademark website do not by itself compel your lawyer to represent you. You engagement agreement controls the terms of the availability of your lawyer. If you have would like to know more about trademark matters, please check the following web-link: https://affordabletrademarkattorney.com/trademark-faqs/
Disclaimer: The response is general in nature and cannot be construed as legal advise. If you would like to have legal advise, then please consult any competent trademark attorney or privately to discuss your case and establish proper attorney-client relationship. I work with affordable trademark attorney website. Please feel free to check our website.
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