5 Fatal traps to avoid while choosing a Trademark Consultant or Attorney
Some firms offer Trademark services, ISO Services, PAN Card, FSSAI, ISI, Agmark, Bar Code, Import Export Code. These are like someone who offers to do plumbing, electrical works and painting. They cannot legally prosecute and register a Trademark. Trademark registration is a long and complicated process that need to be handled by experienced and legally qualified Trademark Attorneys. Thousands of applications are getting abandoned every month in South India alone.
Low cost so called Trademark consultants and Attorneys lack knowledge and experience in handling trademark matters. If application is abandoned, your time and money is lost. You will have to reapply and should spend more money through a proper Trademark attorney. There have been several cases where competitors have registered their marks while marks applied through these cheap agents were abandoned. Entrust the matter to Intellectual Property Specialists or Experts in this field.
Consultants are not Authorized to file and prosecute Trademarks. Even some well known trademark consultants pose as if they are lawyers specializing in IP. Such firms do not give genuine search reports. Their success rate is very low. They file a hundred and register 20 and let everyone know of those registered marks only. So beware. If you question them they shall offer to get rid of you even by giving various excused or paying fees. There are more than 44,50,000 Trademarks with the Trademark registry so it is tough to get it registered unless it is a very rare and unique name.
In the course of your business and during the life of a Trademark you shall need several services. Firm should be stable and reliable. Otherwise there shall be no one to remind you of the Renewal which leads to cancellation of the mark. In most cases Registered users know about it too late, by then some other would have registered it. Firms as in the first cases may offer just 1-2 trademark services. A law firm handling IP matters among other things may give up to 5 services. A specialized IP law firm give up-to 12 services but a really good IP law firm can give up-to 33 or more Trademark services and can support you all through your entrepreneurial journey.
Many advertisements via SMS and on Google claim that they will do Trademark registration for Rs.499/-. Trademark statutory/official fee would come to Rs.5000/- for individuals and Rs.10000/- for companies. Why would anyone do Trademark registration for Rs.499/- . Even id it is their professional charges without mentioning official fees why would anyone do it so cheap. Even the Government is offering fees more than 10,000/- to volunteer trademark for Start-up. So what is lacking. It could be only due to their lack of knowledge, experience and incapacity to get clients. No one with the right mind would do a service which will take 6 months or more. Some people even offer to do Reply to objections and attend hearing at this cost. Question that arise is do they really intend file and register it or are they trying learn or experiment with your mark.