Registering a trade mark might seem expensive, particularly if you are just beginning your journey as a start-up or should you be your small business owner with many other expenditure outlays to consider. Should you be reading this post, you are probably already conscious of the significance 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 require a trade mark?
Whether or not you self-file, work with an online service or engage Inventhelp Invention Stories, you need to pay fees for the Trade Marks Office (also called IP Australia), the us government body that handles all intellectual property registrations around australia. Should you make an effort to file your trade mark application yourself?
All of us want to save money and there may be times where we feel we are able to cut corners or get things done cheaply in a manner in which won’t adversely impact the outcome of whatever we want to achieve. However, self-filing your trade mark does not necessarily mean which you can save money or time.
Firstly, there are currently 45 trade mark classes to choose from. There may be adverse consequences when you purchase the incorrect or a lot of classes when you draft your own trade mark application. Furthermore you risk paying a lot of money for your application, however, if you try to seek registration in a class that does not actually reflect your business’s goods or services, you might not end up receiving the protection you require in the regions of services or goods which are most relevant to your small business. Likewise, if you choose way too many classes you might buy something you do not actually need.
You need to weigh up several factors when deciding how you can file, such as the time that it takes to prepare the application and complications or issues that could arise during the trade mark process. Even though the filing process may be relatively straightforward for any seasoned expert, it is not easy and often requires careful consideration from the ‘bigger picture’. For example, did you know that you can find important ownership issues to think about, which cannot be corrected if you get it wrong during the time of filing?
Should you consider the flowchart below, you can see it is not only an instance of lodging a form and hey presto, here’s your registered trade mark. Is definitely an online service a much better option? Using an online legal service might appear attractive as it is less than using a lawyer or even an attorney. It could even seem to be a quicker option. In theory, it should help you save time on the trade mark search, along with a second group of eyes to look over the application could be beneficial. However, will you receive feedback and advice? Typically, the correct answer is no. They will likely not evaluate the strength of your trade mark nor provide tips on other relevant issues such as ownership considerations.
Better left to the professionals? Since the terms tend to be used interchangeably (specifically in popular culture), there may be some confusion in between the role of a “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 research and copyright.
Most of the time 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. While some trade mark Lawyers could have experience conducting trade mark matters in Australia and elsewhere, it will always be not their sole focus and they 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, performing trade mark registrability searches, answering objections and preparing trade mark assignment and licensing agreements. They are very familiar with this process 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 distinction between trade mark Lawyers and Trade Marks Attorneys is the fact that Invention Prototype are registered to practice using the Trans-Tasman IP Attorneys Board, where being a trade mark Lawyer is not really. Attorney firms are governed with a separate Professional Code of Conduct to solicitors, and as professional advisors, are bound by Attorney client privilege.
A skilled Trade Marks Attorney offers you tips on your application and help guide your strategy. They will help you by gathering all the relevant information to satisfy all the requirements of the Trade Marks Office and can communicate with the Office on your behalf. A specialist will even perform a more comprehensive search as most law and intellectual property firms subscribe to specialist search software which is more sophisticated than IP Australia’s free search tools.
During the application process, you could receive adverse reports from the Trade Marks Office, or they could request additional information. Trade mark professionals are very well versed in answering objections and will provide you with advice on the options for proceeding. Online filing services may not offer these facilities, as well as the Trade Marks Office cannot provide strategic advice or assist you with preparing a response to any objections raised. Conclusion: DIY is cheap but may not get you the end result you desire. Likewise with all the online services. Employing a professional may seem higher priced in the outset, yet it is worthwhile.
Overall, it ought to be a matter of value instead of price. Individuals with expertise and knowledge in the system, like Inventhelp Inventions Store, have the advantage of many years of preparing afhbnt mark applications, on a regular basis. They have got seen all the kinds of objections that can come up and are therefore more prone to draft your 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 attempting to obtain registration of your own mark. Should you file yourself and after that your trade mark is unsuccessful, it could find yourself costing you far more than any initial savings. A dedicated Attorney will provide you with expert consultancy and take you step-by-step through this process right through to registration, and may also advise you regarding any enforcement concerns that may arise after registration.