Registering a trade mark might seem expensive, specifically if you are just beginning your journey as a start-up or should you be a small business owner with lots of other expenditure outlays to think about. Should you be looking over this post, you may be already aware of the importance of protecting your trade mark. If you’re not completely convinced, you can read much more about why you should register your trade mark in this post: Do I need to have a trade mark?
No matter whether you self-file, use How Do You Patent An Idea, you need to pay fees to the Trade Marks Office (also referred to as IP Australia), the government body that handles all intellectual property registrations around australia. Should you make an effort to file your trade mark application yourself?
Everybody wants to save money and there might be times where we feel we are able to scrimp or get things done cheaply in a way in which won’t adversely impact the outcome of what we are trying to achieve. However, self-filing your trade mark does not always mean that you simply can save money or time.
Firstly, you will find currently 45 trade mark classes to select from. There could be adverse consequences if you choose the incorrect or too many classes once you draft your very own trade mark application. Not only do you risk paying too much money for the application, but when you attempt to seek registration in a class that fails to actually reflect your business’s goods or services, you may not end up receiving the protection you will need in the regions of services or goods which can be most relevant to your business. Likewise, if you choose way too many classes you may pay for something you do not actually need.
You should weigh up several factors when deciding the best way to file, including the time that it takes to get ready the application and complications or issues that could arise throughout the trade mark process. Although the filing process could be relatively straightforward for a seasoned expert, it is not easy and often requires consideration from the ‘bigger picture’. As an example, did you know that you can find important ownership issues to think about, which should not be corrected if you get it wrong during the time of filing?
If you consider the flowchart below, you will see it is not just an instance of lodging a form and hey presto, here’s your registered trade mark. Is surely an online service a much better option? Using an online legal service might appear attractive as it is less than using a lawyer or an attorney. It might even appear to be a faster option. In theory, it ought to help save you time on the trade mark search, and a second set of eyes to appear over your application might be beneficial. However, will you receive feedback and advice? Generally, the answer is no. They will likely not evaluate the strength of your trade mark nor provide information on other relevant issues such as ownership considerations.
Best left for the professionals? Considering that the terms tend to be used interchangeably (specifically in popular culture), there might be some confusion between the role of any “trade mark” Lawyer and how that differs to your Trade Marks Attorney. Unlike attorneys, lawyers (or admitted solicitors) might be able to help with litigation, negotiating settlements, drafting commercial agreements, conducting IP asset due diligence and copyright.
Generally speaking a trade mark Lawyer will likely charge flat fee additional hourly fees or simply hourly fees (straight billable hours) to process a trade mark application. Charges might be impacted by the extensiveness from the search, and complications through the application process. Although some trade mark Lawyers could have experience conducting trade mark matters within australia and elsewhere, it is usually not their sole focus and they may not have specialist IP or trade marks qualifications.
Trade Marks Attorneys are highly specialised in providing trade mark services including preparing and filing trade mark applications, performing trade mark registrability searches, answering objections and preparing trade mark assignment and licensing agreements. They may be very acquainted with the process and how the Trade Marks Office works, and also will learn whether your proposed mark will infringe another’s IP rights.
Another key difference between trade mark Lawyers and Trade Marks Attorneys is the fact that How To Invent A Product are registered to practice using the Trans-Tasman IP Attorneys Board, where being a trade mark Lawyer will not be. Attorney firms are governed by a separate Professional Code of Conduct to solicitors, and as professional advisors, are bound by Attorney client privilege.
A seasoned Trade Marks Attorney will provide you with advice on the application and help guide your strategy. They can help you by gathering each of the relevant information to meet all the requirements from the Trade Marks Office and can communicate with the workplace as your representative. A professional will even do a more comprehensive search since most law and intellectual property firms subscribe to specialist search software that is more sophisticated than IP Australia’s free search tools.
During the application process, you may receive adverse reports from the Trade Marks Office, or they might request more information. Trade mark professionals are very well versed in answering objections and will provide you with advice on the alternatives for proceeding. Online filing services may well not offer these services, and also the Trade Marks Office cannot provide strategic advice or assist you with preparing a reaction to any objections raised. Conclusion: DIY is cheap but might not enable you to get the outcome you would like. Likewise with all the online services. Employing a professional may seem higher priced at the outset, but it is worth the cost.
Overall, it needs to be an issue of value rather than price. People who have expertise and knowledge of the system, including lawyers and Trade Marks Attorneys, have the benefit of many years of preparing trade mark applications, on a daily basis. They may have seen all the kinds of objections that come up and therefore are therefore more likely to draft your application in a way that fwhdpo are not raised. If objections are raised against the application, a trade mark professional will know the easiest way of wanting to obtain registration of your own mark. Should you file yourself and after that your trade mark is unsuccessful, it could wind up costing you a lot more than any initial savings. A How To Get A Patent On An Idea provides you with expert consultancy and walk you through this process through to registration, and may also support you with any enforcement concerns that may arise after registration.