Why should I hire a trademark attorney? Why should I hire a trademark agent? Can I register trademark myself?
Registering a trademark is a time-consuming and complicated process. That’s why the Canadian Trademarks Office recommends hiring a registered agent. A full list of a trademark attorney can be found here: http://www.ic.gc.ca/cipo/mc-tm/agents.nsf/tmagents-eng?readform&wt_src=cipo-tm-main.
Following August 3, 2019 changes in the US, non-US domiciled applicants must now hire a US attorney in order to file their trademark in the US.
In fact, in most countries where you file a local attorney is necessary.
A trademark professional will help you by:
- Conducting a proper trademark search to determine if your trademark can be registered.
- Increasing your chances of getting your trademark registered by a trademark attorney. A 2013 Wall Street Journal article reports that register trademark applicants represented by a trademark professional are 50% more likely to get through the registration process than those who go it alone. Although this is a US article, I am sure statistics in Canada is similar. https://blogs.wsj.com/law/2013/04/10/when-it-helps-to-have-a-lawyer/
- Saving you time—a trademark professional will monitor all Trademarks Office updates, leaving you time to run your business. A trademark lawyer/agent will also correspond with foreign associates on your behalf if you file in other countries.
- Saving you money— if you file incorrectly, your trademark will be refused and you will have to pay additional fees to re-file. If you have already spent time on your brand, such as website, business cards, stationery, advertising, you will have to re-brand and this will be expensive.
- Giving you invaluable advice when you need it.
- Helping you to sleep soundly at night – a weak trademark will leave you vulnerable to receiving a “cease and desist” letter and to court actions.