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A trade mark lawyer is one which usually specialises in intellectual property law. If you are considering registering a trade mark, you may also be considering whether or not to seek legal advice and the support of trade mark solicitors in making the application. In this article we will consider the benefits of hiring a trade mark lawyer in England.
Experience in Selecting the Correct Format for Trade Mark Protection
Intellectual property is an area of law that often requires strong legal advice from a qualified solicitor. The law requires you to meet several requirements. A trade mark lawyer has the expertise and strong experience in this area to enable you and your team to have the strongest chance at a successful application.
Trade marks must be unique and must conform to certain requirements. While it can take any form (e.g. words, logos, slogans, sounds etc.) it also cannot be:
- offensive in any way;
- descriptive of the goods or services provided;
- misleading the consumer;
- a 3D shape associated with your goods or services;
- a common-place phrase; or
- similar to flags.
You must also ensure that your trade mark is not already registered in an identical form. Nor can it be similar to marks another business has registered. A trade mark lawyer in England can help you to perform searches online to ensure that your trade mark is unique and no other business in England has registered it already for similar goods or services.
Experience in Selecting the Correct Class for Your Trade Mark
As part of your application, you will need to select the class or classes you wish to select for your trade mark. A class is an identifier of the area of trade your business is in, and should therefore reflect the products and services you offer. There are 45 classes to choose from and a trade mark lawyer will be able to guide and advise you on the best class or classes you should choose to protect your business. 34 of these classes relate to goods and 11 relate to services but a trade mark lawyer will be able to easily identify which classes relate to your business.
A trade mark lawyer will also advise you as to the merits of submitting a multi-class application. These are where you want to register your trade mark across multiple classes. A trade mark lawyer will evaluate your current and future business position. For instance, if you intend to expand any goods or services. This will enable them to advise you of the best type of application for you. In turn, they will ensure your trade mark is appropriately protected against competitors.
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Saving Money and Time
Despite paying a professional fee for legal services, a trade mark lawyer can assist in saving you money as well. For example, your solicitor may advise you to register your trade mark in multiple classes. This will save you from the expense of future registration applications. Further, a trade mark lawyer could identify a registered trade mark that is already in existence and consequently, advise you to change your design. This will save you both time and money as you won’t submit a worthless application that is bound to fail.
Opposing a Trade Mark Registration
Perhaps you are wishing to oppose a trade mark registration. This is usually because the trade mark is:
- non-distinctive
- too common place in the goods or services industry it is seeking to be classed within
- descriptive of the goods or services
Any business can oppose an application but it is a relatively complex process that is certainly made easier with the assistance of a trade mark lawyer. If you wish to oppose a trade mark, it could be worthwhile considering legal assistance in order to ensure your opposition argument is as strong as possible.
Key Takeaways
Intellectual property lawyers in England will be able to advise you based on their experience. They will almost certainly have stronger expertise than you when making an application to the Intellectual Property Office. One of the key benefits of hiring a trade mark lawyer is that they can advise you on what particular form your trade mark should take. They will also be able to advise you of any other trade marks already in existence that could conflict with yours. Another benefit of hiring a trade mark lawyer is that they will save you time. In the long-run, they can also save you money.
If you need help or advice about protecting your UK intellectual property internationally, our experienced intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
A trade mark lawyer can assist you with any aspect of trade mark registration and also with opposing a trade mark that is seeking to be registered. A trade mark lawyer will also be able to inform you of any intellectual property rights you have that you may not already be aware of.
If you are struggling with the trade mark registration process, or think you need support in any other aspect including opposing a trade mark, it may be advisable to hire a trade mark lawyer. The expertise and experience will prove beneficial to you by making the experience much easier to understand and also be more time efficient.
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