Can an attorney be my representative but still file the trademark under my name so I can get the documents under my name?

This trademark infringement case between Microsoft and MikeRoweSoft represents one of the classic legal disputes in the field of intellectual property law. In case you are not already familiar with it, this article summarises the key issues and outlines lessons for brand protection for software companies in particular.

One of the most common reasons for trademark disputes has to do with the perceived similarity between existing trademarks. The two trademarks are considered “similar” if they share common characteristics connected to their appearance, sound, meaning and commercial impression, and if they are used for related goods or services. This is seen as a problem from brand perspective because the consumers might believe that the owners of the two trademarks are related, affiliated, connected, or that the goods or services originate from the same source.

Your trademark is the face your brand. Trademark registration helps your customers to identify the goods and services you offer and differentiate them from the ones offered by your competitors. It is then essential to make sure that your trademark is distinct and recognisable enough to represent your brand.