FAST FACT: Common pitfalls of self-filing a trade mark without expert help


It might seem like an easy thing to do – go to IP Australia’s website and self-file your trade mark.  It looks quick and easy and in the mind of many business owners it appears to be an easy way to save on legal costs.

Unfortunately we see daily the same pitfalls that trade mark owners have made by self-filing their trade mark applications.  And in most instances it ends up costing them considerably more, sometimes many multiples, of what it would have cost them if they had just gone to a trade mark expert from the outset.

Remember, registering a trade mark gives you the exclusive right to use, license and sell the mark.  Your trade mark distinguishes your goods/services from those of your competitors.  You want confidence that your trade mark is registered correctly.

Common self-filing mistakes include:

  1. Filing in the wrong class/es
  2. Infringing on another registered trade mark
  3. Filing in the wrong form

John Aclis, a trade mark expert at S&A, explains that “such simple mistakes can have serious consequences.  Trade mark law, including the filing for registration of trade marks, is a highly technical field. I’ve seen marks filed in the wrong classes, in the wrong form, and applications that fail to claim suitable rights that the applicant is entitled to claim. These technical faults can even render the application unregistrable or cost the applicant many multiples more than the initial filing fees in order to try to salvage the application, and even then, it is sometimes just a band-aid”.

S&A Legal assists its clients to protect their important business assets – and what could be more important than your brand?

We invite you to pick up a phone and speak to one of our IP experts.  See how S&A Legal can add value to your business.

Tel: +61 2 8075 4699