The Benefits Of Having An Ongoing Relationship With Your Trade Marks Attorney

Whether you’re germinating an idea for a new venture or have a brand with an established identity and reputation – maintaining an ongoing relationship with a trade marks attorney should be one of your business priorities.

Many business owners and brand custodians only engage a trade marks attorney on a ‘needs-must’ basis.  They only turn to a specialist when professional legal advice or intervention is required and that’s often when there’s a crisis.  

We know from our decades of experience in the field of trade mark law that this late-stage involvement can come at considerable cost to the company.  In many instances, this could have been prevented had a trade marks expert been involved from the outset. 

Our trade marks attorneys at MMW Trade Mark Services navigate this complex and ever-changing area of law each and every day, so we can play a key role in protecting your valuable IP assets and ensuring that you get the most from your brand investment and identity.

Why you should engage a trade marks attorney when filing an application for trade mark registration

When it comes to trade mark registration and protecting your assets, it’s simply not worth leaving anything to chance. 

Yes, trade mark registration can be a straightforward process and it is possible to do it yourself.  However, complex legal processes are often involved and attention to detail is vital.  Many businesses have had their applications rejected because of mistakes and oversights – and many have found themselves in costly legal wrangles either launching or defending infringement allegations. Perhaps worse is when a business owner is successful in their trade mark registration but simply do not realise a mistake has been made that renders the registration essentially invalid.

A trade marks expert will ensure the correct choice of the class or classes of goods and services for your trade mark registration.  Note that getting this wrong at the time of filing often can’t be rectified after the fact – a whole new application is then required.

Engaging a trade marks attorney in the very early stages of starting a business and registering a trade mark (including investigating name options and potential conflicts with competitors) will ensure the whole process is handled smoothly and efficiently with no nasty and costly surprises. 

Many business owners make the mistake of choosing a brand name and locking it in without doing all the right checks and balances upfront – only to discover potential infringement issues down the line which could have been avoided through specialist advice in the beginning.  (You may be interested in this blog on our website on why trade mark searches are important before registering a business name). Or, they may find their chosen name cannot be registered as a trade mark and therefore they may not be able to prevent competitors and others from using deceptively similar branding in the marketplace.

Why having an ongoing relationship with a trade marks attorney is important

In terms of trade mark registration, having a trade marks attorney on your team gives you a far higher probability of success in securing valid trade mark protection than if you choose to DIY the process. 

Once a trade mark registration has been successful, it’s worthwhile continuing the business relationship with a trade marks expert for the following reasons:

  • They have an in-depth understanding and expert knowledge of the complex and dynamic world of trade mark law
  • They will have a solid understanding of your industry and your business, your objectives, the competitive landscape and any niche markets in which you operate
  • They can tailor a trade mark strategy to your business’s budget and priorities
  • They will have the ability to pre-empt possible issues before they arise
  • You avoid making costly and time-consuming mistakes or omissions
  • You are assured that any official communications from Government departments with regards to your trade mark (eg non-use matters, renewal notices, dispute advices) will be received timeously and the appropriate action taken

Navigating trade mark law

A trade marks attorney is registered with the Trans-Tasman IP Attorneys Board and is therefore qualified, and, works with this niche area of law every day.  It’s their job to keep appraised of case law precedents and any relevant matters relating to trade mark protection and infringement.  Trade marks attorneys also work closely with regulatory bodies, so they are always up-to-date with any legislative changes or administrative requirements.

And in situations where additional assistance is required, your trade marks attorney will also be able to recommend a trusted colleague or specialist legal professional. 

A final word

You wouldn’t trust an amateur to look after your health – so who best to look after your trade mark portfolio than an experienced professional?  An ongoing relationship with a skilled trade marks attorney will ensure optimum protection for your IP assets and will ensure that you don’t put your business at risk.

Please contact us at Mark My Words Trademark Services on 03 8288 1432 or get in touch through our website.  We look forward to hearing from you.

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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