Registering a trade mark might appear 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 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 should register your trade mark in this article: Do I require a trade mark?
Regardless of whether you self-file, use Invention Websites, you need to pay fees for the Trade Marks Office (also referred to as IP Australia), the government body that handles all intellectual property registrations in Australia. Should you make an effort to file your trade mark application yourself?
Everybody wants to spend less and there could be times where we feel we are able to scrimp or get things done cheaply in a manner in which won’t adversely affect the results of whatever we are attempting to achieve. However, self-filing your trade mark does not necessarily mean which you will save money or time.
Firstly, you will find currently 45 trade mark classes to pick from. There may be adverse consequences when you purchase the incorrect or a lot of classes once you draft your own trade mark application. In addition you risk paying a lot of money to your application, but if you try to seek registration in a class that will not actually reflect your business’s goods or services, you possibly will not get the security you will need within the parts of goods or services that are most related to your business. Likewise, if you choose a lot of classes you could buy something you do not really need.
You should weigh up several factors when deciding how you can file, including the time it takes to prepare the application form and complications or issues that could arise throughout the trade mark process. Although the filing process can be relatively straightforward for a seasoned expert, it is really not basic and often requires consideration in the ‘bigger picture’. For instance, are you aware that you will find important ownership issues to consider, which cannot be corrected if you get it wrong during the time of filing?
In the event you consider the flowchart below, you will see it is not only a case 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 might appear attractive as it is cheaper than employing a lawyer or an attorney. It may even look like a faster option. Theoretically, it should save you time on the trade mark search, as well as a second list of eyes to look over the application might be beneficial. However, are you going to receive feedback and advice? In most cases, the answer is no. They will likely not evaluate the strength of your trade mark nor provide advice on other relevant issues such as ownership considerations.
Better left for the professionals? Considering that the terms tend to be used interchangeably (particularly in popular culture), there can be some confusion between the role of the “trade mark” Lawyer and exactly how that differs to your Trade Marks Attorney. Unlike attorneys, lawyers (or admitted solicitors) could possibly aid in litigation, negotiating settlements, drafting commercial agreements, conducting IP asset homework and copyright.
In most cases a trade mark Lawyer will likely charge flat fee additional hourly fees or perhaps hourly fees (straight billable hours) to process a trade mark application. Charges might be impacted by the extensiveness of the search, and complications throughout the application process. While some trade mark Lawyers may have experience conducting trade mark matters in Australia and elsewhere, it will always be 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, addressing objections and preparing trade mark assignment and licensing agreements. These are very familiar with this process and exactly how the Trade Marks Office works, and will also discover whether your proposed mark will infringe another’s IP rights.
Another key distinction between trade mark Lawyers and Trade Marks Attorneys is the fact that Invent Help Patent Invention are registered to rehearse with all the Trans-Tasman IP Attorneys Board, where as a trade mark Lawyer is not. Attorney firms are governed with a separate Professional Code of Conduct to solicitors, so when professional advisors, are bound by Attorney client privilege.
A seasoned Trade Marks Attorney provides you with tips on your application and help guide your strategy. They will help you by gathering all of the relevant information to fulfill all of the requirements in the Trade Marks Office and will contact the Office on your behalf. A specialist may also do a more comprehensive search because most law and intellectual property firms subscribe to specialist search software which 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 may request additional information. Trade mark professionals are well versed in answering objections and provides you with advice on the choices for proceeding. Online filing services might not offer these services, as well as 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 well not get you the end result you desire. Likewise with all the online services. Employing a professional might appear more costly in the outset, yet it is worthwhile.
Overall, it should be a question of worth rather than price. Individuals with expertise and knowledge in the system, such as lawyers and Trade Marks Attorneys, have the main benefit of numerous years of preparing trade mark applications, on a regular basis. They have got seen all the types of objections that can come up and therefore are therefore more likely to draft the application in a manner that fwhdpo are not raised. If objections are raised against your application, a trade mark professional knows the best way of trying to obtain registration of your mark. If you file yourself and then your trade mark is unsuccessful, it may wind up costing you far more than any initial savings. A Ideas For Inventions offers you expert advice and take you step-by-step through this process through to registration, and can also assist you with any enforcement concerns that may arise after registration.