5 Benefits of Hiring a Trade Mark Lawyer
Emily Young
When establishing your business and considering options for protecting your intellectual property (IP), you might be wondering if it is worth hiring a trade mark lawyer. Due to the trade mark process seeming relatively straightforward, it can be difficult to justify engaging a lawyer for something you could do yourself. However, a trade mark lawyer can help reduce the risk of you making simple errors that have bigger consequences down the track. In addition, trade mark lawyers are experts in their field. Therefore, they can help ensure the trade mark process is as smooth as possible for you. This article will take you through five benefits of hiring a trade mark lawyer to help you decide if it is worth engaging one.
1. Convenience and Comfort
A trade mark lawyer is a useful asset from the very beginning of the trade mark application process. The convenience of having a professional assist you with the entire process is invaluable.
From choosing your trade mark and identifying the correct class of goods or services, to drafting the description of goods and services and conducting a trade mark search, the trade mark application process can be both overwhelming and time-consuming.
A trade mark lawyer can help you take care of the trade mark process from beginning to end. This will give you more time and energy to focus on expanding your business in other ways. Additionally, the peace of mind that comes with the help of an experienced professional is indispensable.
2. Avoid Rejection
Protecting your trade mark begins with finding out if your trade mark is already being used. Your application will be rejected if your trade mark is identical or too similar to a pre-existing trade mark.
The best way to check if your trade mark is available for use is by conducting a thorough search using online trade mark search tools. Many of these trade mark tools are free and relatively simple to use, including IP Australia’s ATMOSS tool. However, they are also incredibly comprehensive. This can make filtering through results both difficult and time-consuming, especially if you are not sure what you are looking for.
As experts who know exactly what to search for, having a trade mark lawyer conduct a trade mark search for you can help reduce the chances that your trade mark is rejected on such grounds. This can help save you time and money in the long term by ensuring:
- that your trade mark is registered as soon as possible; and
- your IP is protected sooner rather than later.
3. Commercialise Your Trade Marks
Having your trade mark registered is the first step in being able to licence it. As the licensor of a trade mark, the licensee is required to pay you to use it. Licensing agreements allow you to:
- maintain control over your products; and
- decide how and by whom your products are used.
This can help you use others to expand your business without needing to give up your IP assets. A trade mark lawyer can help you negotiate the terms of these licensing agreements.
In addition, if you one day decide to sell your business, a trade mark lawyer can also be a valuable tool to help you value your IP. This will ensure you are getting the full value of your trade marks after building up their value for many years.
4. Protect Against Trade Mark Infringement
A trade mark lawyer can also help you protect against trade mark infringement. As part of ongoing IP management, your lawyer can help prevent others from infringing on your trade mark. Depending on the circumstances, this may include:
- opposing trade mark applications;
- sending cease and desist letters; or
- taking matters to court.
Trade mark lawyers are experts in handling infringement matters, which can help ensure you get the most out of your trade mark registration.
5. Develop a Long-Term Strategy
Trade mark lawyers can help you develop a long term strategy for your intellectual property. With the trade mark registration process being only the beginning of your trade mark journey, it is useful to have a long term plan about the future of your business and where your trade marks fall into that.
For example, once you have registered your trade mark, you will need to manage it. This includes regularly:
- revising your IP use; and
- reporting on your IP management to get the most out of your trade marks.
Having a trade mark lawyer can help you make strategic long term decisions relating to your trade marks, increasing the value of your business and avoiding unnecessary costs or issues.
Key Takeaways
When building your business’ brand, it can be difficult to decide if it is worth engaging a trade mark lawyer to help you with the process. However, it is important to consider some of the key benefits of having a lawyer. Some of these benefits include:
- convenience and comfort throughout the registration process;
- avoiding trade mark rejection;
- helping you commercialise your trade marks;
- protecting against trade mark infringement; and
- assisting you in developing a long-term IP strategy.
If you are considering engaging a trade mark lawyer to assist with applying for a trade mark but are not sure where to start, contact our experienced trade mark lawyers on 1300 657 423 or fill out the form on this page.
Frequently Asked Questions
They are an expert who can help you with the entire trade mark process. This includes advising on which trade marks to register, filing trade mark applications, using your trade marks and helping you navigate trade mark disputes.
Some of the benefits include the convenience and comfort of having an expert assist throughout the registration process, helping you avoid trade mark rejection and helping you commercialise your trade marks. In the long term, a trade mark lawyer can help protect you against trade mark infringement and assist you in developing a long-term IP strategy.