Registering a trade mark might seem expensive, particularly if you are just beginning your journey as a start-up or should you be a small business owner with many other expenditure outlays to consider. If you are reading this post, you are probably already mindful of the importance of protecting your trade mark. If you’re not completely convinced, you can read more about why you need to register your trade mark in the following paragraphs: Do I need a trade mark?
Regardless of whether you self-file, use an online service or engage Patent Helper, you will have to pay fees for the Trade Marks Office (also known as IP Australia), the government body that handles all intellectual property registrations in Australia. In the event you attempt to file your trade mark application yourself?
Everybody wants to save money and there could be times where we feel we could scrimp or get things done cheaply in a manner in which won’t adversely impact the results of whatever we are attempting to achieve. However, self-filing your trade mark does not necessarily mean that you can save money or time.
Firstly, you will find currently 45 trade mark classes to choose from. There may be adverse consequences when you purchase the incorrect or way too many classes when you draft your personal trade mark application. Not only do you risk paying excessive money for the application, but if you make an effort to seek registration in a class that will not actually reflect your business’s goods or services, you may not end up receiving the safety you will need within the parts of goods or services that are most related to your business. Likewise, when you purchase a lot of classes you may purchase something you do not actually need.
You need to weigh up several factors when deciding the best way to file, including the time that it takes to prepare the applying and complications or issues that could arise through the trade mark process. Although the filing process could be relatively straightforward for any seasoned expert, it is far from easy and often requires consideration in the ‘bigger picture’. As an example, are you aware that you will find important ownership issues to think about, which cannot be corrected when you get it wrong during filing?
In the event you glance at the flowchart below, you can see it is not just an instance of lodging a form and hey presto, here’s your registered trade mark. Is an online service an improved option? Utilizing an online legal service may seem attractive since it is less expensive than utilizing a lawyer or an attorney. It could even look like a faster option. Theoretically, it must help save you time on the trade mark search, and a second set of eyes to appear over your application may be beneficial. However, will you receive feedback and advice? Typically, the reply is no. They will likely not evaluate the potency of your trade mark nor provide advice on other relevant issues including ownership considerations.
Best left for the professionals? Considering that the terms tend to be used interchangeably (especially in popular culture), there may be some confusion between the role of a “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 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 could be afflicted with the extensiveness of the search, and complications through the application process. While some trade mark Lawyers could have experience conducting trade mark matters within australia and elsewhere, it is usually 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, undertaking trade mark registrability searches, answering objections and preparing trade mark assignment and licensing agreements. They may be very acquainted with this process and exactly how the Trade Marks Office works, and also will discover 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 Inventhelp Caveman are registered to rehearse using the Trans-Tasman IP Attorneys Board, where as 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 skilled Trade Marks Attorney will provide you with information on your application and help guide your strategy. They can help you by gathering all the relevant information to meet all the requirements of the Trade Marks Office and can get in touch with the Office on your behalf. 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.
Throughout the application process, you could receive adverse reports through the Trade Marks Office, or they might request additional information. Trade mark professionals are versed in responding to objections and provides you with advice on the alternatives for proceeding. Online filing services might not offer these types of services, and the Trade Marks Office cannot provide strategic advice or advise you regarding preparing a response to any objections raised. Conclusion: DIY is cheap but may not allow you to get the outcome you want. Likewise with the online services. Hiring a professional might seem more expensive in the outset, yet it is worth it.
Overall, it should be a matter of value as opposed to price. People who have expertise and knowledge of the system, like How To Sell My Invention Idea To A Company, have the main benefit of many years of preparing afhbnt mark applications, on a regular basis. They have got seen all the types of objections that come up and therefore are therefore more likely to draft the application in a manner that objections are not raised. If objections are raised against the application, a trade mark professional are fully aware of the easiest way of attempting to obtain registration of your mark. Should you file yourself and then your trade mark is unsuccessful, it may end up costing you far more than any initial savings. A passionate Attorney will provide you with expert advice and walk you through the process through to registration, and may also assist you with any enforcement concerns that may arise after registration.