Registering a trade mark may seem expensive, particularly if you are just beginning your journey as being a start-up or in case you are a small company owner with lots of other expenditure outlays to consider. Should you be reading this post, you are probably already conscious of the value of protecting your trade mark. If you’re not completely convinced, you can read more about why you should register your trade mark in the following paragraphs: Do I require a trade mark?
Whether or not you self-file, make use of an online service or engage How To Patent A Product, you will need to pay fees for the Trade Marks Office (also referred to as IP Australia), the federal government body that handles all intellectual property registrations around australia. In the event you try to file your trade mark application yourself?
All of us want to save money and there could be times where we feel we are able to cut corners or get things done cheaply in a way in which won’t adversely affect the results of what we are trying to achieve. However, self-filing your trade mark does not necessarily mean which you helps you to save money or time.
Firstly, you will find currently 45 trade mark classes to pick from. There might be adverse consequences if you choose the incorrect or too many classes once you draft your own trade mark application. Not only do you risk paying a lot of money to your application, however, if you attempt to seek registration in a class that will not actually reflect your business’s goods or services, you might not end up getting the safety you will need within the parts of goods or services which can be most related to your company. Likewise, if you choose too many classes you might pay for something you do not actually need.
You ought to weigh up several factors when deciding how you can file, such as the time that it takes to get ready the application form and complications or concerns that could arise through the trade mark process. Even though the filing process could be relatively straightforward to get a seasoned expert, it is really not easy and often requires careful consideration in the ‘bigger picture’. For example, are you aware that you will find important ownership issues to take into consideration, which can not be corrected when you get it wrong during filing?
Should you look at the flowchart below, you can see it is not just a case 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 because it is less than utilizing a lawyer or even an attorney. It might even appear to be a quicker option. Theoretically, it should save you time on the trade mark search, and a second list of eyes to check over your application could be beneficial. However, do you want to receive feedback and advice? Typically, the correct answer is no. They are going to not evaluate the potency of your trade mark nor provide tips on other relevant issues like ownership considerations.
Better left for the professionals? Considering that the terms are frequently used interchangeably (particularly in popular culture), there may be some confusion between the role of a “trade mark” Lawyer and just how that differs to some Trade Marks Attorney. Unlike attorneys, lawyers (or admitted solicitors) may be able to assist with litigation, negotiating settlements, drafting commercial agreements, conducting IP asset research and copyright.
In most cases a trade mark Lawyer will most likely charge flat fee additional hourly fees or just hourly fees (straight billable hours) to process a trade mark application. Charges may be impacted by the extensiveness of the search, and complications during the application process. While some trade mark Lawyers could have experience conducting trade mark matters within australia and elsewhere, it will always be not their sole focus and they also 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, addressing objections and preparing trade mark assignment and licensing agreements. They may be very familiar with this process and the way the Trade Marks Office works, and will also learn whether your proposed mark will infringe another’s IP rights.
Another key difference between trade mark Lawyers and Trade Marks Attorneys is that Inventhelp Patent Services are registered to rehearse using the Trans-Tasman IP Attorneys Board, where being a trade mark Lawyer is not. Attorney firms are governed by way of a separate Professional Code of Conduct to solicitors, so when professional advisors, are bound by Attorney client privilege.
An experienced Trade Marks Attorney will provide you with tips on your application and help guide your strategy. They can help you by gathering all the relevant information to fulfill all the requirements of the Trade Marks Office and can get in touch with the Office on your behalf. A professional will also do a more comprehensive search as 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 might receive adverse reports from your Trade Marks Office, or they might request additional information. Trade mark professionals are versed in addressing objections and provides you with advice on the options for proceeding. Online filing services may not offer these types of services, as well as the Trade Marks Office cannot provide strategic advice or advise you regarding preparing a reply to any objections raised. Conclusion: DIY is cheap but may not enable you to get the result you would like. Likewise with all the online services. Hiring a professional might seem more costly in the outset, however it is worth it.
Overall, it should be an issue of value instead of price. Individuals with expertise and data in the system, such as Inventhelp Stories, have the benefit of many years of preparing afhbnt mark applications, on a daily basis. They have seen all the types of objections which come up and are therefore more likely to draft the application in a way that objections are certainly not raised. If objections are raised against the application, a trade mark professional knows the easiest way of wanting to obtain registration of the mark. In the event you file yourself and then your trade mark is unsuccessful, it could end up costing you a lot more than any initial savings. A passionate Attorney will provide you with expert consultancy and walk you through this process right through to registration, and may also support you with any enforcement issues that may arise after registration.