Do You Need a Lawyer to Register a Trademark?

Do you really need a lawyer to register your trademark? I mean you are building a brand; you know what a trademark is and you also know how to file a trademark registration application through the Indian Trade Marks Registry's online portal. But hold on for a second! Does the trademark registration only involve filing of application with the Trademark Registry Office? Not really, the process is not as easy as it may seem. Do you know after you file your trademark application it has to go through formalities check to ensure all the documents are submitted correctly, and then it is sent for examination to make sure that the applied mark is not identical or deceptively similar to an existing trademark in respect of the same or similar goods or services. The trademark registration process is not over yet as you expected, and there is more to it. So, we are back to square one, do you need a lawyer to register your trademark?

Let’s consider that if someone tries to take over your property illegally, you will probably hire a lawyer, right? Even if you know it is wrong and which laws apply, you still want a legal expert. Why? Because the law involves a lot of procedures and rules that can be difficult to understand on your own. Registering a trademark is similar. You may know what a trademark is and why you need one, but the process can be tricky. 

Reasons why You should hire a Trademark Attorney

A trademark is a valuable asset for your business because it protects your brand identity and distinguishes your goods or services from competitors. You can register a trademark on your own, however, there are several reasons to hire a trademark attorney.

1. Trademark Clearance Search: A trademark search reveals existing marks that are identical or similar to the proposed trademark. It is a precautionary step that allows you to either modify your trademark to avoid conflicts or choose an entirely different mark, thus significantly improving your chances of successful registration and avoiding potential legal disputes in the future. But many times, business owners are oblivious to the importance of trademark search and directly move ahead with filing of trademark application. Having a trademark attorney can assist you protect your mark in the best way possible by advising you on the step-to-step trademark registration process.

2. Filing the Application: There are different forms for different types of trademark applications, and you are at liberty to file a trademark application for your brand protection all by yourself. However, a trademark attorney can help you figure out the most appropriate one for your needs. Also, while applying for trademark registration your mark may need to be registered in multiple classes which can help in wider protection of your mark, which a trademark attorney can help you determine.

3. Handling Objections and Opposition (if any): Once you are done with filing your trademark application and it has passed the formalities check, it is time for your application to go through a mandatory stage of trademark examination conducted by a Trademark Examiner. An examination report is issued thereafter mentioning objections (if any) or acceptance, to which you have to furnish a satisfactory reply. It is not that you cannot file a satisfactory reply on your own, but having a trademark attorney do that for you can save you time and resources. You might also miss the deadline and in trademark law, timely filings are essential, and failure to fulfil these procedural deadlines can result in application abandonment or even the forfeiture of existing trademark rights. 

If your application receives objections from the Registrar or opposition by third parties, a trademark lawyer can draft appropriate responses, defend you in opposition proceedings before the Registrar, and, if required, appeal rulings. 

Benefits of Having a Trademark Attorney

• Having a trademark attorney saves you money. But how is that possible if you are paying their fees? There is a cost to hiring an attorney, but it is far better than the cost of fixing errors or fighting legal battles later on. A well-protected trademark can be a valuable asset for your business, and an attorney helps make sure you get the full benefit out of it.

• You must have heard time is precious, and we couldn't agree more. When you have a trademark attorney to act on your behalf, you are relieved from a ton of paperwork, communication with the trademark office, and keeping up with the deadlines.

• They also help you in developing a good strategy for your trademark portfolio, considering your current needs and future business growth. 

• They also guide you on risks involved concerning your mark that may arise in the future and make sure no loopholes or breadcrumbs are left to attract any copyrights without them paying a cost for such an act.

• A trademark attorney will help you know the importance of commercialization of your intellectual property, and how to make revenue out of it along with other benefits that come with commercialization of your trademark. 

• If you plan to expand your business internationally, a trademark lawyer can be a big help. They know how to get your trademark protected in different countries as they are well-versed in the international trademark rules and regulations of different countries.

Conclusion

In conclusion, while it is technically possible to register a trademark on your own in India, hiring a trademark attorney can be a wise investment for your business. The trademark registration process involves far more than just filling out and submitting an application, there are several stages your application has to pass through, and for each stage, you have to be vigilant if everything is on track. You must be able to handle several things at one time, but it is not easy to do all of it on the business side of things. 

Hiring a trademark attorney comes with cost but it is far better than the cost of fixing errors or fighting legal battles later on. Investing in legal services is ultimately about protecting your business and your brand for the best. 

How can Compliance Calendar LLP help you with Trademark Registration?

At Compliance Calendar LLP, our approach is to help startups protect their brand name/logo/design and help in the trademark registration process end-to-end. Our team of expert Trademark Agents and Attorneys starts by having a quick call to understand your specific needs. We then guide you through every step, from making a trademark clearance search to filing your application, and ensure that all the legal requirements and formalities have been duly adhered to without any delay

You can contact us at info@ccoffice.in or WhatsApp/Call at 9988424211 if you need any assistance or have any questions regarding trademark registration, or the trademark examination process. 

Frequently Asked Questions

1. Can I file a trademark registration application on my own? 

Yes, you can file a trademark application on your own. However, trademark law can be complex at times. A trademark attorney can help you with end-to-end registration process requirements. 

2. What happens if my trademark application receives objections?

In case your trademark application receives an objection, you will need to respond to the objections with satisfactory explanations or amendments. A trademark attorney can help draft appropriate responses.

3. What's the risk of not hiring a trademark attorney?

You might miss important deadlines, file incomplete applications, or overlook potential conflicts, which could lead to registration failure or future legal disputes.

4. What are the main steps in the trademark registration process? 

The main steps include trademark clearance search, application, formalities check, examination, handling objections or oppositions (if any), and final registration.

5. How long does trademark protection last?

Trademark rights can last indefinitely as long as the mark is in use and trademark renewals are filed every 10 years.

6. What happens if my trademark application is rejected?

You can respond to the examiner's objections within the given timeframe, or amend your application.

7. What's the difference between ™ and ® symbols?

™ can be used with any trademark, while ® is only for marks officially registered with the trademark office.

8. What happens after my trademark is registered?

You will need to maintain and enforce your trademark rights. A trademark attorney can help with monitoring for infringement and renewal processes.

9. How can Compliance Calendar LLP help you with Trademark Registration?

At Compliance Calendar LLP, our approach is to help startups protect their brand name/logo/design and help in the trademark registration process end-to-end. Our team of expert Trademark Agents and Attorneys starts by having a quick call to understand your specific needs. We then guide you through every step, from making a trademark clearance search to filing your application, and ensure that all the legal requirements and formalities have been duly adhered to without any delay