Registering a trade mark might seem expensive, especially if you are just beginning your journey as being a start-up or in case you are a small business owner with lots of other expenditure outlays to think about. If you are reading 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 need to register your trade mark in this article: Do I need a trade mark?
No matter whether you self-file, use Inventhelp Ideas, you will need to pay fees to the Trade Marks Office (also known as IP Australia), the us government body that handles all intellectual property registrations within australia. Should you try to file your trade mark application yourself?
All of us want to spend less and there may be times where we feel we can cut corners or get things done cheaply in a manner in which won’t adversely change the result of what we are trying to achieve. However, self-filing your trade mark does not always mean that you simply will save money or time.
Firstly, there are currently 45 trade mark classes to choose from. There may be adverse consequences if you choose the incorrect or too many classes when you draft your personal trade mark application. In addition you risk paying excessive money to your application, however, if you try to seek registration in a class that does not actually reflect your business’s goods or services, you may not get the security you require within the parts of services or goods which can be most relevant to your company. Likewise, when you purchase too many classes you could pay for something you may not really need.
You should weigh up several factors when deciding how to file, such as the time it takes to prepare the application form and complications or problems that could arise throughout the trade mark process. Although the filing process may be relatively straightforward for any seasoned expert, it is far from simple and often requires consideration of the ‘bigger picture’. For instance, are you aware that you can find important ownership issues to take into consideration, which cannot be corrected should you get it wrong during the time of filing?
If you glance at the flowchart below, you will notice it is not just an instance of lodging a form and hey presto, here’s your registered trade mark. Is definitely an online service a better option? Employing an online legal service may seem attractive because it is less than employing a lawyer or perhaps an attorney. It could even seem to be a quicker option. Theoretically, it ought to help save you time on the trade mark search, and a second list of eyes to look over the application could be beneficial. However, are you going to receive feedback and advice? In most cases, the correct answer is no. They are going to not evaluate the effectiveness of your trade mark nor provide advice on other relevant issues including ownership considerations.
Better left to the professionals? Because the terms are often used interchangeably (particularly in popular culture), there may be some confusion between the role of any “trade mark” Lawyer and exactly how that differs to some 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 most likely charge flat fee additional hourly fees or just hourly fees (straight billable hours) to process a trade mark application. Charges might be afflicted with the extensiveness in the search, and complications throughout the application process. Although some trade mark Lawyers could have experience conducting trade mark matters in Australia and elsewhere, it is almost always not their sole focus plus 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, carrying out trade mark registrability searches, answering objections and preparing trade mark assignment and licensing agreements. They are 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 the fact that Patent Companies 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.
A seasoned Trade Marks Attorney will provide you with tips on the application and help guide your strategy. They will help you by gathering all the relevant information to fulfill all the requirements in the Trade Marks Office and can communicate with the Office as your representative. An expert will even conduct a more comprehensive search because most law and intellectual property firms sign up to specialist search software that is 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 could request additional information. Trade mark professionals are very well versed in addressing objections and will provide you with advice on the choices for proceeding. Online filing services might not offer these facilities, and the Trade Marks Office cannot provide strategic advice or support you with preparing a reaction to any objections raised. Conclusion: DIY is cheap but may not enable you to get the result you would like. Likewise with the online services. Getting a professional might seem more expensive on the outset, however it is worth the cost.
Overall, it ought to be a question of value instead of price. Individuals with expertise and data from the system, such as lawyers and Trade Marks Attorneys, have the main benefit of years of preparing trade mark applications, on a daily basis. They have seen all the types of objections which come up and they are therefore very likely to draft your application in such a way that fwhdpo usually are not raised. If objections are raised against the application, a trade mark professional will know the most effective way of trying to obtain registration of your mark. In the event you file yourself and after that your trade mark is unsuccessful, it might find yourself costing you a lot more than any initial savings. A File A Patent offers you expert consultancy and take you step-by-step through the process right through to registration, and may also advise you regarding any enforcement problems that may arise after registration.