Is it really necessary to hire a trade mark lawyer?

Trade marks are registered so as to distinguish the goods or services of a supplier from those of another supplier. Applying to register a trade mark is one of the most effective ways to protect your name, brand, and work. If you don’t do it, then someone else will. To be more precise, people will blatantly steal your work, putting their business name under it. It’s of paramount importance to register your intellectual property. A registered trade mark isn’t mandatory, but it brings about many advantages, such as increasing the value of your business, deterring others from using your products or services, and obtaining monetary remedy in case of infringement.

Not only should you register your trade mark, but also you should get a lawyer to help you with the application process. When attempting to protect your business’ intellectual property, it’s a good idea to have a legal practitioner by your side. The registration process is lengthy, not to mention complex. Hiring a trade mark lawyer is similar to making a business investment. More specifically, the money is spent with expectation of future returns. If you still don’t believe that hiring a trademark lawyer is the right course of action, make sure to check out our top reasons. Maybe you’ll have a change of heart.  

Reasons why you need a trade mark lawyer

Help with interpreting the results of the trade mark search

Prior to filling your application, it’s necessary to search if a similar symbol or word to yours already exists. What you need to do basically is see if something similar or identical to your brand exists, making sure that you’re not infringing on an existing mark. The question now is how you search for a trade mark. You can consult the Intellectual Property Office’s online journal. Performing a detailed search is difficult, but someone has to do it. A trade mark lawyer can help you analyse the results. The legal advisor will take a close look at the findings and tell you whether or not it’s a good idea to proceed with the application process.

Dealing with refusal of registration for trade mark

The Intellectual Property Office may be put in the position of refusing your application. What happens is that the trade mark loses its status and it’s not recognised by the relevant section of the market. But what could determine the Intellectual Property Office to decline your application? There are many reasons for a trademark registration refusal, including:

• The application doesn’t contain essential details like contact information or product description.
• The trade mark lacks distinctiveness. In other words, it’s not unique.
• The trade mark contains signs or symbols that describe the qualities of the products or services.
• The trade mark is a scandalous one, meaning that it’s contrary to morals and good customs.

Trade mark lawyers are able to help in such situations. What a legal professional does is review the refusal and come up with a solution. If you happen to be dissatisfied with the decision of the Intellectual Property Office, get in touch with a specialized lawyer. They will know how to respond to the refusal and ensure that the trade mark registration application isn’t stopped. Taking into consideration that you only have 15 days to file the application for review, you should better hurry.

Solving intellectual property disputes  

Imagine the following situation: you’ve acquired and used the trade mark. The logo and slogan that you’re utilizing to highlight your products or services have been used without your permission. When you have an idea for a lucrative product or service, the last thing you want is to lose it. What do you do in the case of an IP dispute? You can send a letter to the violator, requesting that they cease with the violation. If that doesn’t work, you have no choice but to take further action. When it comes to intellectual property disputes, there are several solutions. For example, you can demand monetary damages. Another thing that you can do is issue a cease and desist order, which is commonly used in such cases. Last but not least, you have the possibility to confiscate the property.

IP lawyers are skilled litigators, which means that they are more than capable of delivering sound results. A legal practitioner will make sure that your mark isn’t infringed upon. Deciding to with a lawyer that deals only with trade marks is the best decision that you can make. Before hiring a legal professional, determine what your needs are. When you know for certain what you’re looking for, select a business that is located in your geographical area. It’s a good idea to get to know the competition, so as to know what you’ll be facing. Start working with an attorney and save a lot of money.