Registering a trade mark might seem expensive, particularly if you are just beginning your journey as a start-up or if you are a small business owner with many other expenditure outlays to consider. In case you are reading this post, you may be already aware of the value of protecting your trade mark. If you’re not completely convinced, you can read a little more about why you ought to register your trade mark in this post: Do I need to have a trade mark?
No matter whether you self-file, use Can I Patent An Idea, you will have to pay fees to the Trade Marks Office (also known as IP Australia), the federal government body that handles all intellectual property registrations around australia. Should you attempt to file your trade mark application yourself?
We all want to spend less and there may be times where we feel we could cut corners or get things done cheaply in a manner in which won’t adversely affect the result of what we want to achieve. However, self-filing your trade mark does not necessarily mean that you will 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 when you draft your own trade mark application. In addition you risk paying excessive money to your application, but if you attempt to seek registration in a class that does not actually reflect your business’s goods or services, you might not get the security you need inside the parts of goods or services which can be most relevant to your small business. Likewise, if you choose too many classes you could buy something you do not actually need.
You ought to weigh up several factors when deciding the best way to file, including the time it takes to get ready the application and complications or problems that could arise during the trade mark process. Even though the filing process can be relatively straightforward to get a seasoned expert, it is far from simple and often requires careful consideration of the ‘bigger picture’. As an example, were you aware that you can find important ownership issues to take into consideration, which can not be corrected when you get it wrong during filing?
Should you glance at the flowchart below, you will notice it is not only a case of lodging a form and hey presto, here’s your registered trade mark. Is definitely an online service a much better option? Utilizing an online legal service might appear attractive since it is cheaper than employing a lawyer or an attorney. It may even appear to be a quicker option. In theory, it should help save you time on the trade mark search, and a second set of eyes to look over your application may be beneficial. However, do you want to receive feedback and advice? In most cases, the reply is no. They will likely not evaluate the potency of your trade mark nor provide information on other relevant issues including ownership considerations.
Better left towards the professionals? Because the terms tend to be used interchangeably (especially in popular culture), there can be some confusion between the role of a “trade mark” Lawyer and exactly how that differs to your Trade Marks Attorney. Unlike attorneys, lawyers (or admitted solicitors) may be able to aid in litigation, negotiating settlements, drafting commercial agreements, conducting IP asset homework and copyright.
Generally speaking a trade mark Lawyer will most likely charge flat fee additional hourly fees or simply hourly fees (straight billable hours) to process a trade mark application. Charges may be affected by the extensiveness of the search, and complications during the application process. While some trade mark Lawyers may have experience conducting trade mark matters around australia and elsewhere, it is almost always not their sole focus and they might 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 familiar with the procedure and the way the Trade Marks Office works, as well as find out whether your proposed mark will infringe another’s IP rights.
Another key difference between trade mark Lawyers and Trade Marks Attorneys is that How To Patent An Idea With Inventhelp are registered to practice using the Trans-Tasman IP Attorneys Board, where as a trade mark Lawyer is not. Attorney firms are governed by a separate Professional Code of Conduct to solicitors, so that as professional advisors, are bound by Attorney client privilege.
An experienced Trade Marks Attorney offers you information on your application and help guide your strategy. They can help you by gathering each of the relevant information to satisfy all of the requirements of the Trade Marks Office and can get in touch with the workplace on your behalf. An expert will also perform a more comprehensive search because most law and intellectual property firms sign up for specialist search software that is certainly more sophisticated than IP Australia’s free search tools.
Through the application process, you might receive adverse reports from the Trade Marks Office, or they may request more information. Trade mark professionals are well versed in answering objections and offers you advice on the options for proceeding. Online filing services may well not offer these services, and the Trade Marks Office cannot provide strategic advice or advise you regarding preparing a reply to any objections raised. Conclusion: DIY is cheap but might not get you the end result you would like. Likewise with all the online services. Employing a professional might seem more expensive at the outset, yet it is worth the cost.
Overall, it should be an issue of value as opposed to price. People with expertise and knowledge from the system, like lawyers and Trade Marks Attorneys, have the advantage of many years of preparing trade mark applications, on a daily basis. They may have seen all the kinds of objections that can come up and they are therefore more likely to draft your application in such a way that fwhdpo are not raised. If objections are raised against the application, a trade mark professional are fully aware of the most effective way of trying to obtain registration of your own mark. If you file yourself then your trade mark is unsuccessful, it might wind up costing you much more than any initial savings. A Idea Patent will provide you with expert advice and walk you through the procedure through to registration, and can also advise you regarding any enforcement issues that may arise after registration.