It is almost essential to register your company’s trademarks as it is very important. It is actually one of the most vital assets of your company. Everything that is exclusive to your business can be protected by a trademark. Though it is always not necessary to take help of an attorney when you want to get your trademark registered yet, it is always better to take professional help. Many of those who think that the process is easy and without pitfalls could experience otherwise in their venture later on when they move ahead with the process.
If you want to know why it is difficult for an individual to handle the process without an attorney, it is simply because a trademark attorney is wary about all the rules and is especially trained to handle these issues in a clients favour. The attorney would put in his best to protect the client’s rights against the intention of others who might try to breach the intellectual property law. With a registered trademark you can hold on to your own creations with legal rights.
Though a registered trademark is meant for protecting your ideas and keeping them secured, but some conflicts may arise in case some other concern claim that you have stolen their ideas and that actually they are the authentic creators of the idea. In such case your registered trademark and your attorney will be able to help you. Many people have the misconception that the procedures are simple, but they are actually not. In certain cases, some disagreement may surface where you need to go beyond the straightforward process and enter a complicated dispute related to intellectual property rights. With an experienced trademark attorney you will have proper guidance about how to handle the situation. The trademark attorney possesses the expertise and the information which makes it easier for him to handle disputes. Whether easy or complicated register though an agent is what the process involves.
The official government body that is in charge of intellectual property rights in the U.K is the Intellectual Property Office or IPO. In case you want to register your trademark an application has to be submitted to them. The IPO will then consider if the words, pictures, logos or any other signs that represent the trade mark deems fit to be seen as a trade mark. In case the IPO finds something that is not suitable they will object to those. Invented signs, words, logos that are not apparently coupled with particular services or goods, will generally be considered unique and therefore will be considered suitable for registration. If the application is successful they will register your trade mark.
A search should always be carried out before submitting an application. There is always a chance for a trade mark to be rejected because there already is an identical or comparable trade mark in existence which clashes with the mark that has been applied for.
Your attorney can also help you with the search before you start the application process. A search can also be conducted at the Intellectual Property Office in Newport. If you are looking for a convenient mode to run the search then it can also be done by using the website of IPO.
It is necessary to make sure that the application form is correctly filled and completed at the very first instance. Once the application is submitted formally, amendments are allowed only on certain type of cases. It is very important to consideration the class under which your current business falls into, along with future plans of development into some other areas, where you might want to use the trademark.
The IPO will then carry out its process of searches and in due course will send you a report. Generally a two months period is kept aside for making any objections to a registration. If there are no challenges received to the application within the stipulated time, or in case challenges are defeated the registration process is completed and you will get a registration certificate.
For each class of goods the IPO charges certain registration fees. For each mark that you may submit you are expected to pay a certain amount to the office. For each additional mark you would be charged separately. There is a discount given to you if you are applying online. In case of an unsuccessful application the IPO will usually not refund the money as they use it for examination of the application and other administrative processes.
Though it is completely possible to apply and see through the process without any assistance from trade mark attorney or a lawyer yet it is always better to before you start what you need to know. It particularly is helpful where difficulties arise midway. It is tempting to avoid legal fees, but consider the costs and the risks before you take a decision.
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