You should use trademark attorneys when registering a trademark
Your trademark is your intellectual property and when you have designed a trademark that is like no other and you want to use it as part of your branding, you should be thinking about having it registered. Registered trademarks are protected under the Trademarks Act, giving the owner of the trademark the sole right to use the trademark for commercial ventures and to fight for the protection of the trademark should someone else try to use it without permission.
Registering a trademark
Trademarks are registered with the Companies and Intellectual Properties Commission. Although only registered trademarks can be protected by the Trademarks Act, common law can be used to protect those trademarks that are not registered. When a trademark is registered the owner of the trademark will receive a certificate stating that the trademark is owned by someone and that it is registered.
The trademark will have to meet the following requirements before it can be registered:
- The mark should not be a reflection of protected national emblems or national symbols.
- The mark must not be a common symbol used within your industry or field.
- The mark must not be offensive or against good morals and standards.
- It must not be in conflict with other rights.
- It must not be a representation of the standard or the quality of the products produced or the services delivered.
Trademark attorneys
The registering of trademarks is not limited to trademark attorneys, rather the registration of a trademark can be done by anyone who has a trademark that meets the requirements needed for it to be registered. But the time and the money involved in the registering of a trademark can make using trademark attorneys an attractive option.
While the application process for the registering of a trademark is made to be as easy as possible, many people struggle with this part especially if they are having to deal with terms that they do not understand or if their application has been rejected but they are unable to find out why. The quick and simple process that you thought it would be suddenly becomes a situation that you cannot get out of.
Trademark attorneys deal with the registering of trademarks on a daily basis, they know how to push an application through quickly and they know how to argue the rejection of a trademark as soon as they find out that the trademark has been rejected. They are able to save you time and money by making sure that the paperwork is correctly completed and that all of the information that is needed is given. Trademark attorneys will also be able to tell you if your trademark doesn’t meet the criteria in anyway.
The longer you wait to register a trademark the more possibility you have of losing the trademark to someone else. The use of a trademark attorney has also proven to increase the possibility of the trademark registration being approved the first time.
Registered trademarks will give you a number of advantages that you would not have had access to had your trademark not been registered, and with options available to you to have your trademark registered you should be considering starting the application process so that your trademark will be protected.
Why you should use a trademark attorney when registering a trademark
