May 30,2020 | 5 min read

Why You Should Always Get A Lawyer For Filing Your Trademarks

Author - Samar Inam Khan

One is encountered with this question very often whether to register a trademark for the business by oneself or to get a lawyer for the same. There are cases when one feels that one can do as good as a lawyer while registering a trademark and the thought of saving the lawyer fees is very tempting. However, this might prove to be counterproductive because the process of trademark registration can be a complicated process at times and any menial mistake after the submission of the application can cost anybody both money and time. On the other hand, that menial mistake could have been easily spotted by the individual and could have made your process smooth and seamless.

This article below will take you through the risks of filing the trademark yourself and the need for a lawyer to file your trademark.

  1. What are the risks in trademark registration if you do it yourself?
    There are manifold risks involved in registering the trademark by oneself without the help of any lawyer expert in that field. The biggest risk involved in this is getting it wrong in terms of the protection sought. You might end up losing the rights you were seeking through the registration process. This can lead to even more detrimental consequences for you or for your business because you will need to go through an even more costly and time-consuming process of re-registration, or might not stop others from using that for similar brands because you do not have the protection over it. 
    There are a number of cases of trademark application filed by the applicants where a report gets issued at the examination stage. These reports mostly arise in cases where the trademark sought to be registered is very similar to another or lack of proper searches prior to filing or the trademark does not satisfy the criteria of being a trademark. Dealing with these processes are time consuming and costly and applicants tend to give up and abandon the process due to these technicalities.
    A qualified trademark professional can make your experience easier by navigating you through all the complicated processes in a seamless manner which will save you time and procedural costs. This will increase the chances of your approval and help you to secure the broadest possible protection for your mark. This will ensure that you can concentrate on your business while your professional will do the job for you.
  2. What are the advantages of getting a lawyer for the registration?
    1. More chances of approval: It is a verified fact that applications filed by a professional have a greater likelihood of getting approval than those filed by an individual. For a more time and cost-efficient experience it is advisable that one should work with a trademark professional from the very inception.
    2. Improved Submission Success: One of the biggest reasons for a successful trademark application is a full-proof trademark search. People who are not experts in this area, often conduct a brief and quick search through basic online search engines which do not provide comprehensive search results. On the other hand, a professional has access to better and improved software for conducting a comprehensive search. 
    3. Knowledge: A trademark professional has gained knowledge and expertise over the years and they understand better the legal implications of a trademark application. So they are at a better place to guide you through the entire application with their knowledge and expertise.
    4. Communicating your needs:  It is very important for everyone to understand what they actually need from the trademark and its registration. So it is a common mistake that one commits is they do not check the legal implications or validity of their needs. So if a lawyer is appointed, they can guide them regarding the process and feasibility of their needs and expectations. This in turn makes the value exceed the expense and increases the chance of approval.

 

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ABOUT THE AUTHOR


Samar Inam Khan

Advocate & Arbitrator since 2003

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