Some people ask before applying for a trademark whether they need a trademark attorney to assist in protecting their brand. For the relatively small costs involved, we certainly recommend you use a legal expert to handle your trademark registration.
And here’s our 5 reasons why we think you should use a trademark attorney:

  • Protect the right trademark.

    It may sound simple but often the devil is in the details. For example, often it is better to protect the plain words of your brand, rather than the logo version which contains those words, as this will give you the most basic and strongest protection. In other cases, we have seen businesses protect the most comprehensive version of their logo in order to “ensure it’s all covered” but then fail to use that version of the logo, leaving them unprotected and liable to a non-use application.

  • Cover the right goods and services.

    A common mistake here is to not protect broad enough, leaving it open to competitors in relation to goods or services that, although you are not yourself selling, are clearly in your marketplace. On the other extreme, over claiming goods and services can very quickly increase costs, in particular government fees, unnecessarily.

  • Reducing avoidable issues during examination.

    There are many reasons why the government can refuse your trademark application, and using an attorney to draft your application will greatly increase your chances of registration.

  • You are not an expert.

    There are many pitfalls when applying for a trademark. You’re not the legal expert so it’s best to leave that to someone who knows the law and does it correctly the first time.

  • Saving you time.

    Understanding the entire trademark process and dealing with bureaucracy takes time and energy. Trademark lawyers deal with this on a daily basis and know the system inside-out.

By the way, as with lawyers, communications between a registered trademark attorney and their clients are privileged. Daniel McIntosh, principal of Trademarkings, has worked as both a lawyer and trademark attorney.

Need some advice on this?

If you need some more advice in your particualr case, we offer a free initial consultation.

What is the Amazon Brand Registry and Why I Need a Trademark?

Amazon has recently updated its brand registry.  The main change for sellers is that their brand must be a live registered trademark.  That is, in order to be eligible for the Amazon Brand Registry, the brand can no longer be just a name or logo, it needs to be one...

Differences between IRDA and national trade marks

Are there any substantive differences in trade marks practice and law between trade marks protected in Australia as international marks and national marks?   INTRODUCTION International trade marks and brands that exist and trade in nations across the globe are...

Trade mark an invention or product

A trade mark can be a strong mechanism of protection for an invention or a product. This can be especially useful in cases where patent protection is not possible or otherwise difficult. A product can be branded with a name or logo. Even the shape of a product can be...

Benefits of filing your US and Australian trademarks together

Clients often instruct us to file their trademark in the United States, and because the fees are relatively low and a US trademark provides coverage over a huge market, the benefit of doing so is clear. The process we usually advise is to file for the Australian...

Difference Between Trademarks, Copyright and Patents

There is often confusion about the differences between trademarks, patents and copyright.  This is no surprise as the law in this area is quite complex and very conceptual.  This post provides a brief overview of the differences. But firstly, let’s start with the...

Benefits of filing your US and Australian trademarks together

Clients often instruct us to file their trademark in the United States, and because the fees are relatively low and a US trademark provides coverage over a huge market, the benefit of doing so is clear. The process we usually advise is to file for the Australian...

Protect your trade mark in the United States

There is no single worldwide trade mark registration.  You will need to apply to each country in which you would like to have a registered trade mark.  Even for large companies, this task can prove too cumbersome and expensive.  Therefore, the pragmatic route is...

Five Reasons Why You Need A Trademark Attorney

Some people ask before applying for a trademark whether they need a trademark attorney to assist in protecting their brand. For the relatively small costs involved, we certainly recommend you use a legal expert to handle your trademark registration. And here’s our...

Trademark attorneys and trademark lawyers in Australia

I often get asked about the difference in Australia between a trade mark attorney and a trade mark lawyer.  In Australia, a trade mark attorney is a separate profession to that of a lawyer or a ‘trade mark lawyer’. While both professions are legal entitled to work...

Difference Between Trademarks, Copyright and Patents

There is often confusion about the differences between trademarks, patents and copyright.  This is no surprise as the law in this area is quite complex and very conceptual.  This post provides a brief overview of the differences. But firstly, let’s start with the...