Why A Lawyer Is Necessary For Registering A Trademark In Australia?

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Why A Lawyer Is Necessary For Registering
A Trademark In Australia
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Looking To Register A Trademark Australia?

• You might be unsure of whether you should work
  with a trademark attorney, a lawyer, or do it
  yourself when it comes time to register a
  trademark for your company. The registration
  process can be challenging, despite how easy it
  may seem at first and how alluring it may be to
  save some money. Any errors or adjustments you
  might need to make after submitting your
  application could end up costing you a lot of
  time and money. When you apply for a trademark by
  yourself, you run the danger of making
  straightforward errors that a trademark expert
  would be able to identify and rectify, which
  would lead to the rejection of your application.
• To ensure the success of your application with
  the least amount of fuss, it is worthwhile to
  enlist the help of a specialist who can help
  defend your company's and brand's interests.

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When Must You Employ a Trademark Lawyer?

• When you have an idea for the name of your
  business, you should consult a trademark
  attorney.
• This is due to the fact that a trademark lawyer
  should look up your name and give you an opinion
  on whether it is safe to use. Before ordering
  signage and/or product packaging, far too many
  business owners fall in love with a name and
  neglect to thoroughly research and clear the
  name. If you decide on a name before even
  engaging a trademark lawyer, you are taking away
  many of the tools that the lawyer can use to help
  you.

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Common Issues People Run Into When Trying to
Register Their Own Trademark
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• Even while the procedures for Australian
  trademark registration may appear simple, but
  they might be difficult to understand. Therefore,
  trademark owners may incur expensive errors that
  may have been prevented if the application had
  been prepared or evaluated by a lawyer. Typical
  errors include
• Choosing an incorrect filing basis. Use of the
  mark in commerce and intent to use the mark in
  commerce are the two filing bases. Due to their
  lack of understanding of the differences, many
  people choose the incorrect premise. When you try
  to enforce a registered trademark due to this
  error, it may provide little to no protection.

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• Supplying an incorrect trademark sample. You must
  include a sample with your application that
  demonstrates how you really utilise your mark in
  commerce. If you submit the incorrect kind of
  specimen, your mark may not be protected.
• Choose the incorrect trademark class or
  incorrectly describe your products or services.
  To protect your trademark, you must select a
  class of products or services and specify which
  products or services you wish to be protected.
  The classification method can be challenging to
  understand, and making a mistake could result in
  your application being rejected.
• In the end, it might be more expensive to employ
  a lawyer to deal with an application that was not
  properly prepared than it would have been to pay
  a lawyer to handle it correctly.

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Benefits Of Trademarking Lawyers

• Attorneys for trademarks don't just submit your
  application on your behalf. The appropriate
  attorney can guide you through every step of the
  trademark registration procedure, from picking a
  name through final approval and thereafter
  monitoring for trademark infringement. They can
  also assist you in responding to any office
  actions if something goes wrong. If these aren't
  the trademark services being given, search
  elsewhere. All of this aid and the appropriate
  legal guidance help secure clearance on the first
  attempt.

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• In simple words,
• They will educate you legally.
• With trademarking lawyers, your chances of
  success increase by as much as 50.
• 80 percent of all applications need a response to
  an initial denial, hence the IP Australia advises
  hiring a trademarking lawyer.

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• You won't overpay the IP Australia filing fees,
  which are non-refundable.
• Time will be saved.
• You should be managing your company, not studying
  trademark law.

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Why Hire a Trademark Lawyer?

• There are many who are wondering, "Why engage a
  trademark attorney at all if you can submit a
  trademark application on your own?"
• In an effort to save money, it could be tempting
  to proceed with the filing on your own. However,
  working with a skilled trademark lawyer can be a
  fantastic advantage that ultimately ends up
  saving you both time and money.

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Here are the top 3 reasons to hire a trademark
lawyer.
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1. Pre-Registration Trademark Clearance Search
Assistance

• A preliminary search for other marks that already
  exist that may be similar to the one you're
  contemplating is crucial before you register a
  trademark. Otherwise, you run the risk of
  submitting an application for a mark that could
  be denied registration because it is too similar
  to another mark already in use.
• A trademark lawyer can carry out a thorough
  clearance check in the IP Australia database for
  trademarks that might compete with yours.
• By conducting these kinds of proactive searches,
  you can avoid future disagreements that could
  result in expensive litigation because of claims
  made by other businesses that your trademark is
  confusingly similar to theirs.

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2. Application Method

• A trademark lawyer may assist with the
  preparation of your trademark application after
  ensuring there are no comparable marks that have
  previously been registered. Before your trademark
  application may be approved by IP Australia, a
  number of complicated conditions must be
  satisfied.
• An "office action" comprising queries, requests
  for clarifications, or a rejection of your
  proposed mark may occasionally be issued by IP
  Australia. To address any potential issues
  brought up by the examiner, an attorney can
  prepare a reply to an office action.
• Attorneys who specialise in trademark law have
  experience with this application procedure and
  may assist you in making sure you follow all the
  necessary procedures to increase the likelihood
  that your name will be registered.

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3. Post-Registration

• After you file for a trademark, your brand's
  journey does not end there. You are in charge of
  keeping an eye on how your trademark is being
  used in the marketplace.
• It makes sense that most business owners are more
  focused on running their company than checking to
  see if others are using their trademark. To make
  sure that others are not weakening the power of
  the brand you've developed, this is still
  crucial.
• Another task that a trademark lawyer can assist
  with is this one. An attorney who specialises in
  trademark law can keep an eye on new trademark
  filings, keep track of any unauthorised uses of
  your trademark by other parties, and give you
  advice on how to best enforce your trademark
  rights and stop any infringement by third parties.

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• Additionally, IP Australia mandates that you
  renew your trademark registration every ten years
  following the fifth anniversary of registration.
  In order to prevent your trademark registration
  from expiring, a trademark attorney can make sure
  that all the necessary paperwork is submitted
  precisely and on time.

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• Let a lawyer handle monitoring the usage of your
  trademark and staying on top of these recurring
  filings so that you aren't bothered. You can then
  give your full attention to managing and growing
  your company.
• If there is an infringement, they may be in
  charge of the legal action or suggest the best
  way to prevent it. A trademark attorney can
  readily keep an eye out for any unauthorised uses
  of the trademark or any confusingly similar
  trademarks. A trademark attorney makes sure you
  are informed of any possible infringement and, in
  the end, makes sure your brand and business are
  best protected.

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Conclusion

• Which elements of your brand require trademark
  protection and which don't can be determined with
  the help of a trademarking lawyers. To avoid
  losing filing costs, make sure your trademark
  application is submitted accurately from the
  beginning. You should also react to any
  preliminary refusals issued by IP Australia. If
  you lack the necessary legal experience, it may
  be challenging to complete it successfully.