Trade Mark Professionals Vs. Generalist Lawyers
Some JAM for thought - if you file a trade mark, should you use a trade mark professional (a specialist non-lawyer or trade mark lawyer), or a general practice lawyer?
We know the answer, we're former trade mark lawyers with combined expertise in filing and prosecuting trade marks around the world. At TMJAM we operate as trade mark professionals (and we don't practice or operate as lawyers).
Unfortunately, it's not enough to use a professional with a non-IP law background, or a general practice lawyer. To put it simply, the laws and procedures involved with trade marks are very niche. A general business may be able to file a trade mark or two, but may not have the in-depth experience to pre-empt issues that arise after filing, or to draft applications that are fully representative of client needs. We’re not saying that generalist lawyers aren’t great, just that they’re just not always suited to the detailed nuances of trade mark practice.
We however have experienced it all, and are therefore in a better position to help you and your specific needs. You wouldn’t use a criminal defence lawyer to act on your behalf in the sale and purchase of a commercial property, so why risk not using a trade mark specialist to file a trade mark application?
We know when to combine multiple trade marks in one application (a series application), and we don’t file separate trade mark applications when the filing details could be combined in one. We know how to draft the goods and services covered by your application so that they’re not too broad, and not too narrow. We know how to draft a foreign specifications so the application is less likely to get an objection in the local office. Trade mark filings are an art. When it comes to more complex businesses, it's not a simple commercial procedure that just anyone can do.
Talk to TMJAM if you want a second opinion, or you need us to audit your existing trade mark portfolio. We're here to help.