It is well accepted that a registered trade mark can be a very important and valuable business asset. A good trade mark ensures that the goods and services that are offered under it stand out in a market place where many traders are competing for your business. This article highlights the importance of having your trade mark matters handled by legally trained professionals.
Filing an application to register your trade mark may seem quite simple. However it is crucial that your application is drafted to ensure that you obtain maximum protection. It is a misconception that a person’s brand is safe and secure simply because they have registered their trade mark. This is not the case as only when you are required to enforce or defend your trade mark rights will you discover the true strength (or lack thereof) of your trade mark.
Disappointingly, it is often at this time that trade mark owners discover that their trade mark registration is barely worth the paper it is documented on.
To ensure that the rights granted with respect to your trade mark are as strong as possible, we strongly urge you to ensure that you appoint the best possible person to register your trade mark and assert your rights against unauthorised third party use. Due to the complexity of trade mark laws, only Registered Trade Marks Attorneys with formal legal training are fully equipped to analyse, interpret, and apply the laws to ensure the best possible outcomes for you.
What is a Registered Trade Marks Attorney?
A Registered Trade Marks Attorney is a person who assists clients with the protection and commercial exploitation of trade marks and associated rights and is required to be registered to practice under the Regulations relating to the Trade Marks Act 1995 (Cth).
A Registered Trade Marks Attorney is qualified to advise on the following:
- obtaining trade mark registration both in Australia and internationally;
- conducting comprehensive searches in order to advise on the use, and registration of specific trade marks;
- facilitating the licensing and assignment of trade marks; and
- assisting in the conduct of trade mark litigation in both Australia and internationally.
A Registered Trade Marks Attorney has tertiary qualifications and training with respect to trade marks with an understanding of laws relating to patents, designs, copyright, trade practices, circuit layers, plant breeders rights and confidential information. Notably, a person is not required to have obtained a law degree in order to become a Registered Trade Marks Attorney.
Why engage a legally trained Registered Trade Marks Attorney?
The primary benefit of engaging a legally trained Registered Trade Marks Attorney is that a lawyer can accurately analyse, interpret and apply complex laws relating to trade marks whereas a non-legally trained person cannot. Registered Trade Marks Attorneys who have undertaken extensive legal training via a law degree have an existing and broad knowledge of the law and how those laws generally apply to various circumstances. This means that any issues that you experience with respect to your trade mark will be considered in the full context of the law.
Is it more expensive to engage a legally trained Registered Trade Marks Attorney?
Engaging a legally trained Registered Trade Marks Attorney is not always more expensive than engaging a non-legally trained Registered Trade Marks Attorney. In fact, we invite you to compare our fixed fee costs with those offered by other providers. We are certain that you will be pleasantly surprised by our very competitive fixed fee rates, particularly given the experience and qualifications that we avail to you.
Whether or not you decide to engage a legally trained Registered Trade Marks Attorney is a decision for you to make. However, when you are considering engaging a professional to assist you with your trade mark matters, we recommend that you first investigate their qualifications and credentials. Entrusting a person with your trade mark matters is a very serious step to take and only those with the highest level of skill, experience and professionalism deserve your confidence.