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Failing to Work With a Trademark Professional Can be Costly

Thursday July 5, 2012 at 10:29pm
The Intellectual Property Office

Many people decide against working with a trademark lawyer, solicitor, or expert when filing a trademark application because they decide in advance that it will be too costly. The truth is, it’s perfectly acceptable to apply for a registered trademark on your own, even if you have no legal experience. The Intellectual Property Office in the UK even provides pages and pages of instructions, warnings, examples, and lessons for those who want to educate themselves before starting the trademark registration process.

However, there are many good reasons to seek professional help when looking to file a trademark application, and their experience in the field is at the top of the list. Working with an attorney or firm that has legal knowledge and trademark experience means that you have an ally when navigating the complex legal waters surrounding UK registered trademarks.

A sound investment

Though trademark applications may seem straightforward, it’s easy to make errors, and most cannot be corrected after the application is submitted. Failing to submit a valid trademark application means losing hundreds of pounds while getting nowhere in your quest to seek legal protection for your unique brand, slogan or logo. In lieu of submitting an application with unfixable errors, which will cost money and precious time, working with a trademark attorney can help ensure that the trademark registration process goes smoothly.

Applications that are filed by trademark lawyers are also more likely to be approved by the Intellectual Property Office, again because of their experience and knowledge. These professionals know what kinds of questions to ask you, understand how to fill out the application properly, and most importantly can advise you about your legal options regarding your registered trademark, tailored to how you see your business growing in the future. Trademark lawyers know what to include – and crucially what NOT to include – to ensure that a trade mark application stands the best prospect of success.  Their skills are also extremely important in the beginning stages of your trademark application, as you will need to complete a thorough search of existing marks that could be “confusingly similar” to your own before taking any steps to file a trademark application. Don’t trust trademark “experts” that use automated searches, as the biggest part of your investment is personal and targeted attention that goes far beyond a database search.

Fighting on your side

Though a trademark lawyer makes your application less likely to be rejected, you will also have an expert on your side if this does happen. Complicated trademark cases that are rejected may have room for an appeal, which a self-filing trademark applicant would not know how to tackle. In addition, non-traditional trademarks like smells or sounds can be difficult to get approved, making a knowledgeable legal expert a particularly sound investment in these cases.

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