Registering a trade mark might appear expensive, especially if you are just beginning your journey as a start-up or if you are your small business owner with many other expenditure outlays to take into consideration. In case you are reading this post, perhaps you are already aware of the value 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 this post: Do I need a trade mark?
Regardless of whether you self-file, work with an online service or engage How Do You Get A Patent, you will need to pay fees for the Trade Marks Office (also known as IP Australia), the government body that handles all intellectual property registrations in America. In the event you attempt to file your trade mark application yourself?
We all want to save cash and there might be times where we feel we can scrimp or get things done cheaply in a way that won’t adversely affect the results of whatever we want 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 choose from. There might be adverse consequences if you choose the incorrect or way too many classes once you draft your very own trade mark application. In addition you risk paying too much money to your application, but when 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 security you will need in the regions of services or goods which are most relevant to your company. Likewise, if you choose way too many classes you might pay for something you do not actually need.
You should weigh up several factors when deciding how you can file, such as the time it takes to prepare the application form and complications or concerns that could arise through the trade mark process. Even though the filing process can be relatively straightforward for any seasoned expert, it is far from simple and often requires consideration of the ‘bigger picture’. As an example, did you know that you can find important ownership issues to think about, which cannot be corrected if you get it wrong during filing?
In the event you look at the flowchart below, you will see it is not only an instance of lodging a form and hey presto, here’s your registered trade mark. Is an online service a better option? Using What To Do With An Invention Idea might appear attractive because it is cheaper than utilizing a lawyer or even an attorney. It may even seem to be a quicker option. In theory, it should help save you time on the trade mark search, and a second list of eyes to appear over your application could be beneficial. However, are you going to receive feedback and advice? In most cases, the reply is no. They will not evaluate the effectiveness of your trade mark nor provide advice on other relevant issues like ownership considerations.
Best left towards the professionals? Because the terms are often used interchangeably (especially in popular culture), there can be some confusion between the role of the “trade mark” Lawyer and how that differs to some Trade Marks Attorney. Unlike attorneys, lawyers (or admitted solicitors) might be able to aid in litigation, negotiating settlements, drafting commercial agreements, conducting IP asset due diligence 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 could be impacted by the extensiveness in the search, and complications during the application process. Although some trade mark Lawyers may have experience conducting trade mark matters in America and elsewhere, it is usually not their sole focus and they also 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, carrying out trade mark registrability searches, responding to objections and preparing trade mark assignment and licensing agreements. These are very familiar with the procedure and the way the Trade Marks Office works, and also will 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 Attorneys are registered to rehearse using the Trans-Tasman IP Attorneys Board, where being a trade mark Lawyer is not really. 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 tips on the application and help guide your strategy. They can help you by gathering each of the relevant information to satisfy all the requirements in the Trade Marks Office and definately will get in touch with the Office on your behalf. A professional may also do a more comprehensive search because most law and intellectual property firms sign up for specialist search software which is more sophisticated than IP Australia’s free search tools.
Through the application process, you may receive adverse reports from the Trade Marks Office, or they may request additional information. Trade mark professionals are very well versed in addressing objections and provides you with advice on the options for proceeding. Online filing services may well not offer these facilities, and also the Trade Marks Office cannot provide vafnjl advice or assist you with preparing a reaction to any objections raised. Conclusion: DIY is cheap but might not allow you to get the end result you would like. Likewise using the online services. Hiring a professional might seem higher priced in the outset, yet it is worth it.
Overall, it should be a matter of worth instead of price. Individuals with expertise and data of the system, like lawyers and Trade Marks Attorneys, have the main benefit of years of preparing trade mark applications, on a regular basis. They may have seen all the types of objections that come up and they are therefore more prone to draft the application in a way that objections usually are not raised. If objections are raised against the application, a How To Patent An Idea are fully aware of the best way of attempting to obtain registration of your own mark. In the event you file yourself and after that your trade mark is unsuccessful, it could wind up costing you far more than any initial savings. A dedicated Attorney provides you with expert advice and walk you through the process right through to registration, and may also support you with any enforcement problems that may arise after registration.