Advantages of Having A Professional Handle Your Trade Mark Application

Two men talking about professional trade mark applications

A trade mark is valuable intellectual property and should be treated with great care.

Whilst there are avenues for DIY and online applications for trade mark registrations, the reality is that there are clear advantages to entrusting the process to skilled professionals.

At face value, the procedure for a trade mark registration seems fairly straightforward. However, there’s much more to the process than meets the eye. Make a mistake or omit or overlook a crucial detail and the implications could be costly. What’s more, there may be instances when an error is only discovered years down the line or when an objection arises and it cannot be rectified.

What Is a Trade Marks Attorney

A trade marks attorney is trained and qualified in all aspects of trade mark services including preparing and filing applications, executing trade mark searches, launching and responding to objections and infringement allegations and preparing trade mark assignment and licensing agreements. They have a comprehensive understanding of the nuances of the complex world of trade mark law and brand protection and importantly, they are familiar with the workings of IP Australia – the official department which handles all trade mark applications in Australia.
This in-depth knowledge and specialist skill set are compelling reasons for entrusting your trade mark application to a professional. It means that your valuable asset will be in capable hands right from the start.

Factors That Need to Be Considered Filing a Trade Mark Application

To understand why professional assistance in filing a trade mark application is so important, let’s look at some of the factors that need to be considered:
1. Trade mark search. A professional trade marks attorney can conduct detailed searches within Australia and internationally to ensure that the proposed trade mark is unique. If a search is incomplete or conducted incorrectly, it could result in delays because the trade mark is too similar to another or could even result in an application being dismissed.
2. How many trade marks are to be registered, eg your brand name, logo and tagline?
3. Do you want to register your business or brand name in combination with your logo? Bear in mind that this may limit your protection.
4. What trade mark class or classes do you wish to select? A professional will help avoid adverse repercussions as a result of having made the wrong choice of class or selecting too many classes.
5. Objections may be received during the application process. A trade marks attorney can help manage any objections and facilitate the best outcome.
6. Ownership of the trade mark. It is imperative that the legal owner of the trade mark be established to ensure a valid and properly enforceable registration.
7. Timing. A professional will prepare and file an application correctly so as to minimise unnecessary delays.
8. Brand protection. A professional understands the business environment and knows how important a comprehensive brand protection strategy is.

By choosing a qualified trade marks attorney for your application, you’re choosing specialist expertise and insider knowledge that will save you money, time and hassle in the long-term. They can handle every step of your application, plus address any objections, deal with any potential infringements and put in place a brand protection strategy to support your long-term business objectives.

Jacqui Pryor

Jacqui is a registered trade marks attorney with the Trans-Tasman IP Attorneys Board and is the founder and owner of Mark My Words Trademark Services Pty Ltd.

After being introduced to the world of trade marks in one of her first jobs after high school, Jacqui discovered she had a deep passion and interest for all things to do with protecting brands and intellectual property. She completed a Graduate Certificate in Trade Mark Law and Practices as well as a Diploma in Business Management and then set up her own business in 2011.

Her motivation for starting Mark My Words was to support SMEs which typically couldn’t afford such a service and while the company has grown in both size and reputation over the years, she has remained true to her founding principles of providing professional, friendly, reliable and affordable trade mark services to all.

Mark My Words now has a client list that spans businesses of all sizes across a range of industries. It provides advice and assistance on all types of complex trade mark registrations, infringements and opposition matters both in Australia as well as overseas.

Jacqui’s wealth of experience, broad range of professional qualifications and her ongoing participation in industry forums and networking platforms keeps her at the forefront of developments in the global trade mark arena. Her expertise in her field has also led to several nominations as a top individual trademark attorney by the World Trademark Review - the world’s leading trademark intelligence platform.

To keep up to date with the latest in the field of trade marks, follow Jacqui and MMW Trademark Services on Facebook.

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