8 Questions To Ask a Trademark Lawyer
Your business’ intellectual property (IP) is its most important asset. Consulting a trade mark lawyer can be an excellent way to understand how your business can benefit from trade marks. When discussing with a lawyer, it is important to have questions prepared to get the most out of your discussion. This article will take you through eight of the most important questions to ask your trade mark lawyer.
How Much Will it Cost to Register My Trade Mark?
The cost of protecting your IP will vary. While there is no trade mark registration fee in Australia, the application fees can vary greatly. This depends on the:
- number of classes you are applying under;
- type of trade mark search you do; and
- potential costs of responding to any objections to your application.
An IP lawyer will be able to help you estimate all the costs associated with your trade mark application.
What Are Your Fees and What Do They Include?
Before you decide to engage with a trade mark lawyer, you must understand exactly what their services include. If you want assistance for the entirety of the registration process, you will need to ask about fees beyond an initial consultation. Alternatively, you may want a lawyer to manage your intellectual property on a long-term basis. In that case, you will need to consider the cost of maintenance fees. Knowing what services you want and having transparency on fees upfront is important. This is especially critical for businesses working within a strict budget.
What Advice Can You Give Me On My Trade Mark Choice?
An experienced trade mark lawyer will have the knowledge to determine your chances of successfully registering your trade mark. They will give you advice on any proposed changes to make your trade mark more unique and provide advice on what aspects of your brand are eligible for trade marking.
Do I Need a Trade Mark?
A trade mark lawyer will help you decide what elements of your IP you should trade mark. They will do this by determining the most valuable elements of your IP, evaluating the risk of leaving some aspects of your IP unregistered, and figuring out a cost-effective IP plan for you and your business.
How Long Will the Process Take?
An IP lawyer can help you determine how long the trade mark process will take. From preparing the application to finalising the registration fee, they can help you determine the timeline for the entire trade mark process. Given that timing can be critical when filing a trade mark application, this information can be extremely valuable.
Do I Need a Trade Mark Lawyer?
A trade mark lawyer can help explain the entirety of the trade mark process, which will help you decide whether you want to engage their services. Legal advice can be expensive, but the work a lawyer can provide may end up saving you time, money and resources in the long run. Consulting with a lawyer about your specific IP needs will help you to determine whether engaging a lawyer in the long term is the best option for your business.
Is My Trade Mark Eligible For Registration?
A trade mark lawyer is the best person to ask to determine if your IP is eligible for registration. Note that there are free tools available online to conduct your own trade mark search, such as IP Australia’s trade mark search tool. However, an IP lawyer is better equipped to do a thorough search, as they will know exactly how to use these search tools to ensure your trade mark is available for registration. This will reduce the chances of your application being rejected, potentially saving you in the long term.
What Happens After Filing My Application?
Asking what happens after filing your application is important. Things your lawyer can do after filing include:
- helping you respond to any objections;
- helping you navigate the renewal process; and
- regularly monitoring for infringements on your trade mark.
It is essential to understand the services your lawyer might offer once they file your application, or ask how you can look after these IP management concerns yourself.
Before meeting with a trade mark lawyer, be prepared so that you receive the best possible advice about how to protect your business’s IP. Some questions to ask your lawyer include:
- questions about the application process;
- questions about whether you need trade mark protection; and
- questions about the potential costs involved with protecting your IP.
Frequently Asked Questions
A trade mark is one way that you can protect your business’s IP assets. A trade mark lawyer can help you decide if registering a trade mark aligns with your businesses goals, budget, and best interests.
Speaking to a trade mark lawyer is a great way to understand how your business can benefit from trade mark protection. A lawyer can provide valuable insight as to whether or not having ongoing legal services is in the best interests of your business.
The cost of protecting your IP will vary. Alongside the costs of registering your trade mark, there are potential maintenance fees associated with your trade mark. While seeking advice from an IP lawyer will have costs involved, it is a great way to gain insight into what protecting your trade mark will cost in the long term.