Sydney-based lawyer, formerly Legal Consultant at Lawpath.
Did you know you only gain legal ownership of your brand after you have a registered trademark?
Have you brushed off getting a trademark because your business seems too small or because it doesn’t seem important yet? Or have you thought to rush the application without consulting a professional to do a thorough search on available trademarks?
While it may initially seem time consuming, costly and unnecessary to hire a trademark lawyer – a registered trademark is the first legal proof you can use to show you used that mark first ! Here at LawPath, we can put you in touch with a legal professional through our Lawyer Directory.
Here are 3 times when it is helpful to hire a trademark lawyer!
3 Circumstances to Hire a Trademark Lawyer
1. INITIAL APPLICATION
Once you have decided to obtain trademark protection – it may seem confusing what your next step should be! A trademark lawyer will guide you through this. The initial application is often a lengthy and comprehensive document. It is important that this is done properly as any mistakes will delay registration or increase costs due to resubmission. Trademark lawyers help complete this documentation every day and can easily help navigate you through any legal jargon or procedural requirements you may not be familiar with.
Conducting a search on pre-existing and available trademarks can often be limited if you do not have the services of a trademark lawyer. A trademark professional ensures a thorough search that uncovers whether anything similar already exists and if your application will be available. It is more likely that your initial application will be accepted in the first instance if it is seen by a trademark lawyer,as they will ensure all the details are on the application are correct.
2. FUTURE DISPUTES
The easiest way to ensure your company does not get to this stage is to hire a trademark lawyer from the beginning. Conflict is usually costly, time consuming and hinders a company’s success. Having a trademark lawyer ensures you will be advised if there is any possible conflict with other competitors from the beginning and how to deal with it if such conflict eventuates.
Firstly, they can advise what parts of your brand or company need essential trademark protection and then ensure it is registered correctly. Secondly, the application may have opposition from other competitors who may find your trademark is too similar to their own brand name. A trademark lawyer filing the application reduces the threat of this as they have done specific research to make sure the trademark was available. Finally, they can represent you if there is any legal action taken.
3. INFRINGEMENT
Hiring a trademark lawyer ensures you can take serious legal action if someone steals or uses your trademark. They can be responsible for the legal proceedings if it comes to the infringement, or they will come up with the best solution to avoid this. A trademark lawyer can easily monitor improper use of the trademark or if there are similar trademarks to be wary of. A trademark lawyer ensures you are made aware of any potential infringement and ultimately ensure that your brand and company are best protected.
A registered trademark is essential to protecting your brand. Filing a trademark application becomes a simple and easy option when you have a professional to guide you through all the steps. Hiring a trademark lawyer ensures your trademark is protected and allows you to focus on the success of your brand and business! Lawpath can put you in touch with a lawyer today or get a free quote through our Legal Marketplace for any business queries you need legal assistance with.
Still unsure of what you need? Contact a LawPath consultant on 1800 529 728 to learn more about customising legal documents, obtaining a fixed-fee quote from Australia’s largest legal marketplace or to get answers to your legal questions.
