Do I Need a Trade Mark Professional to file my Trade Mark?

When you file a trade mark application, you’re taking an important first step towards protecting your brand. 

If you’ve wondered whether you need a trade mark specialist to file the application on your behalf, the answer is no. You can file the application direct with the IP Office yourself.

But here’s where the answer to the above question becomes murky. At a minimum, you should consult a trade mark professional to ensure that the scope of protection your application offers is adequate. When it comes to filing the application, the IPONZ and IP Australia systems aren’t user-centric, and can be difficult to navigate. Also, trade mark professionals appreciate the minute details and nuances involved with filing an application that another person or generalist practitioner may not appreciate.

So, here are our top reasons why you should consult a trade mark professional when filing a new application:

  • How best your brand should be represented in the application, for example in word, logo or pictorial form. For example, we may recommend you file for multiple variations of a brand in the same trade mark (a ‘series trade mark’) to strengthen the scope of the application. 
  • Which goods and services the application should cover. It may not be enough to file in one class of goods and/or services only, and you should bear in mind that drafting the list of goods and services is an art. You want to ensure that the list of goods and services is not too narrow, but not too broad. It's safe to say that filing trade mark applications is complicated, and it’s important to choose a knowlegeable professional. 
  • Whether your chosen trade mark is available to be registered, or can even operate as a trade mark. We’ve seen it all before, and we’re here to slam the brakes before you invest in an unrealistic branding decision. If you’re really set on a particular brand but we foresee a problem, we’ll come up with a tailored strategy to help you achieve the best level of trade mark protection possible. 

What can we say, trade marks are our JAM!