Why Should you Consult an IP Lawyer before Registering for a Trademark
Most business owners recognize the importance and value of a unique trademark. A trademark not only gives your company a unique representation but also gives your brand a higher recall value. Your trademarks form the source for all the advertising strategies of your goods and services.
Before choosing a trademark, it can be incredibly beneficial for business owners to consult a trademark agent. An experienced trademark agent can help you choose a name that can successfully register as a trademark and avoid confusion within the marketplace.
Here are a few key reasons to contact a trademark agent before selecting the label for your business/product:
Selection of the Trademark
With the digitization of most governmental operations, the process of trademark selection is considerably easier. You can run a basic existing trademarks’ search at the Canadian Trademark Database. Filing for a trademark without conducting due diligence can lead to a refusal by the Trademark's Office of your new trademark.
One of the many reasons to contact a trademark agent is that an experienced agent can assist in searches to determine whether your trademarks are unique in each country you intend to do business in. Creating the perfect trademark may require comprehensive knockout and registrability searches. A trademark agent has sophisticated tools for conducting this research. The more thorough the search is, the higher your trademark’s chance of approval is.
A trademark agent is also well versed with the nuances of creating a successful trademark name. She can cross check the ingenuity of the term you have coined for your business or product.
Filing for the Trademark
The process of trademark registration can be lengthy and complex. To register for a trademark, you need to file an application with CIPO. Correct filing of the application requires distinct mention of your business identity, the product you are filing the trademark for and other company details. Your trademark agent can help you file the application correctly.
It usually takes a time period of 12 - 18 months to receive a notice of allowance from CIPO. In the event that you receive an Examiner’s Report, the application needs to be modified to the specifications provided by the office. A good trademark agent can increase the chances of approval of your application. He also helps you navigate through the challenges that your claim faces once it is published in the Trademark Journal.
Materializing the Trademark
To commercialize your trademark judiciously, legal counsel is crucial. Your business lawyer takes care of the legal and economic aspects associated with the use of new trademarks. She can also help you select avenues that let you exploit your trademark to its highest market potential.
For businesses with overseas operations, it is also necessary to register for IP rights in those particular countries to promote your brand globally. Your trademark agent can help you with this as well.
Whether you are an entrepreneur establishing your business name or a successful industrialist launching a new product or service, consulting a trademark agent is extremely helpful. A trademark agent makes the process of registering for a trademark easier and helps your business avoid legal challenges at a later stage.