What Does a Trademark Lawyers Do & How They Can Help You

November 28, 2022    commerciallawyersinperth
What Does a Trademark Lawyers Do & How They Can Help You

In Australia, people do not commonly use the word “attorney” or “lawyer” except when they refer to trademark and patent attorneys. In such a case, the term “attorney” is used to describe an individual who has greater knowledge of any specialized qualification in IP law.

But compared to a lawyer, attorneys are not known to represent clients in court. This is why before hiring a trademark lawyer, you must understand the differences as you need help with trademarks. This guide will make you know more about trademark lawyers, including their qualifications and differences from other lawyers.

What Qualification Does a Trademark Lawyer or Attorney Have?

Trademark attorneys have specific legal qualifications and are qualified to practice general law as a lawyer. Though it is not necessary that it is a requirement to qualify as a lawyer, it is important that they must pass tough tests on trade mark law.

In Australia, lawyers must be registered with the Trans Tasman IP Attorneys Board. You must take care of this when hiring an attorney or lawyer in Australia. They are not the same compared to your normal lawyers and specialize in other things.

How Trademark Lawyers are Different from the Other Lawyers?

Compared to the other lawyers, Intellectual Property Lawyers Perth do not require to have a law degree such as a Bachelor of Laws. But you will find that there are many such lawyers who have both experience and education. These sorts of lawyers are needed to have much more specialized training in intellectual property.

These lawyers usually fall within another regulatory or disciplinary action system compared to the other lawyers. There is also a separate professional code of conduct that outlines the tough responsibilities that they are subjected to. A trademark attorney in Australia must be registered with the Trans Tasman IP Attorneys Board. One of the main differences between a trademark attorney and a lawyer is that a trademark attorney will not represent their clients in court compared to a lawyer.

What Are the Things That a Trademark Attorney Can Advise You On?

A trademark attorney or lawyer can help you with various matters that, include the following:

  • They can brainstorm and advise you on advanced brand protection strategies.
  • They can advise you on the use of trademarks.
  • They can help prepare trademark applications.
  • They can help license trademarks.
  • They can help assign trademark ownership.
  • They can enforce trademarks in Australia or in other countries.
  • They can help draft trademark agreements.
  • They can provide advice on trademark infringement.
  • They can provide advice and assist you on IP issues like searching patent and trademark registers for possible conflicting applications.
  • They can help oppose others’ trademarks.
  • They can help in trademark opposition proceedings.

A trademark solicitor or any other commercial lawyer can help you undertake some of these works. But the nature of a trademark lawyer’s specialization can provide some clients with additional peace of mind. Unless they are also lawyers, trademark attorneys usually do not work in other areas, such as criminal law.

But you can be assured that they have a good knowledge of IP law and the way it relates to the other areas of commercial law. Other than that, the commercial attorneys are helpful if you have certain trademark questions. Overall, they can help make the process much more straightforward.

How Do You Know That You Must Engage a Trademark Attorney or Lawyer?

The best trademark attorneys have great knowledge of the trademark law and its relationship to the other areas of law like:

  • Copyrights
  • Designs
  • Trade practices
  • General commercial law

They are considered to be experts in the field of trade mark law, and due to this, they are properly equipped to advise you on complex trademark issues. For instance, these lawyers will be best for you if you need help registering a trademark or creating a broad trademark protection strategy.

The best trademark lawyers usually have a good understanding of the law around trademarks in other countries. They have international contacts that can help assist you with international matters if needed. This is why if you need special help on advanced trademark strategies in Australia and other countries, you can choose to hire a lawyer.

Why Should You Consider Associating With a Litigation Lawyer?

If you are required to bring your matter to court, you should instead opt to hire a litigation lawyer. This is due to the fact that these lawyers are trained in evidence and other court procedures, making them suitable to represent you in court. These lawyers can easily take your matter to court as they are said to be experts in court procedures and can provide a good litigation strategy.

But you can choose to ask your trademark attorney if you are a lawyer too. If they are a lawyer, they will be able to take your matter to court. You can hire a trademark attorney from a commercial law firm in Perth or ask for advice from them to help your brand.

What Are The Things That a Trademark Attorney Can Help You With?

Trademark attorneys have great knowledge of trademark law and can help you in different matters related to trademarks. This can include preparing trademark registration, advising on the use of trademarks, opposing trademarks and much more. These commercial lawyers in Perth can also provide you with good brand protection strategies in Australia and other countries.

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