Do I Need A Trademark Lawyer? - Eduard Belcher
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Trademark seal and imprint

Do I Need A Trademark Lawyer?

One of the first things you should do after you create a new name, logo, or slogan related to your business is to legally protect it from use by competitors. A trademark lawyer can help you to navigate the application process, although it is possible to take on a do-it-yourself approach.


What is trademarking all about?

This is the process of protecting things important to a companies brand a reputation everything from words, names, signatures, brands, designs, sounds and scents can be registered. The idea is to protect certain symbols and slogans that are seen to have value. A trademark lawyer can help you to ensure that your business has exclusive use of important symbols and logos.

Trademarking basically involves using a sign or symbol to distinguish when something belongs to a company. In Australia the ™ symbol is most often used for both registered and unregistered trademarks, the ® symbol is used when something has been approved and registered by IP Australia.


What does it protect you from?

Working with a trademark lawyer to register a trademark can help to protect your business from opportunists seeking to benefit from your success by copying your intellectual property. A trademark lawyer can help prevent other businesses from undercutting yours by using names or symbolism that are close to your business. Going through this process can help you to seek legal remedies if someone does do the wrong thing.


The registration process

Trademark lawyer checking some papers

In order for your trademark lawyer to register a symbol you’ll need to ensure that the symbol, scent or sound you’re planning to register isn’t deceptive or similar to other trademarks.

Your trademark lawyer will start by searching through the Australian Trade Mark Search to ensure that it isn’t identical to anyone else. They will be able to pick up whether or not there are any marks that could potentially conflict with yours. You need to register and pay Australian fees so that an examiner can look over your application.

If there are any problems that will stop your application from being approved the examiner will flag them and share a report with you. If there are no problems then they’ll let you know in writing and your mark will be recorded in the Australian Official Journal of Trade Marks. There is a two-month period following this point where other people can oppose your mark. Registrations last for ten years and can be renewed after that point.


What’s the benefit of having a trademark lawyer?

A legal professional will know how to get your application right from the start and will save you a great deal of time and money. The application can be complicated for those who aren’t familiar with it, so getting professional advice can help you to ensure that you don’t make any basic errors. They’ll also ensure that they flag any issues to prevent you from losing money on the application. They’ll also be able to help you out by submitting thorough responses if you receive a rejection and will be alerted almost immediately if any issues arise. They’ll also be able to help you out and will watch out for any challenges during the two-month opposition period.


What costs are involved?

When you register or renew a mark then you can generally expect to spend at least a few hundred dollars on the initial application and around the same for renewal. If you want to protect your mark internationally then you’ll need to register it in other countries or through the World Intellectual Property Organisation (WIPO).

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