Low-cost trademark registration services have recently become available in the US and elsewhere. Although such services are currently not available in Israel, the topic raises various interesting legal questions. In this article, a trademark attorney from our firm will elaborate about the difficulties that such services might raise.
Decker & Ofir is an Israeli boutique IP law firm. The firm specializes in trademark law and intellectual property (IP). The firm represents Israeli and international clients in various IP legal matters. The services offered by the firm include assistance with handling trademark registration in Israel and abroad, portfolio management, legal representation in trademark cases, etc.
Alternative legal services (i.e., services that are not provided by law firms) are becoming more and more common in various fields. For instance, the internet is full of template contracts and contract generators that anyone could modify independently, without consulting a specialized attorney or hiring one to draft them. Similarly, nonprofessionals offer legal or semi-legal services, even though they are not always authorized by the law to do so.
As recently published, this trend is gradually reaching the field of Trademark Law. In the US, private platforms that are not operated by IP law firms, began to offer trademark registration services. The services offered by platforms of the like are labeled as “low cost” trademark registration services. Such platforms also offer other services, from copyright registration (which is optional in the US) to company formation. The topic raises many legal questions, as services offered by nonprofessionals could result in different legal difficulties. Below we will elaborate on some of them.
Specialty is Crucial in Trademark Registration
Legal assistance in trademark application by an agent who is not an IP professional is illegal in various countries. Even where it is not illegal, it is still not recommended, as trademark registration requires specialty and deep knowledge of trademark law. In Israel, trademark applications can nowadays be submitted independently and even online. Yet, it is always recommended to hire a trademark attorney in order to handle it properly.
Proceedings Before the Trademark Office
Trademark registration is not always a smooth procedure. In some cases, another party could oppose the registration. This will initiate legal proceedings before the Trademark Registrar. Similarly, if others filed similar trademark applications at the same time, the Registrar is authorized to hold interference proceedings, in order to conclude which applicant is entitled to register her trademark.
In these proceedings, a representation of a trademark attorney is crucial. It would often be less effective to hire an attorney for the proceedings alone. It is always preferable to have an attorney who specializes in trademark and accompanies the case throughout the registration process, understanding the particular circumstances of the case deeply.
The difficulties discussed above emphasizes the importance of being assisted by a professional trademark attorney throughout the process of trademark registration. Handling the process alone, or using low-cost services for trademark registration could lead to different undesired outcomes, which should be taken into consideration.
If you have more questions about the legal aspects of the topic of trademark registration in Israel, our trademark experts will be happy to assist you. The law firm of Decker & Ofir is well experienced with representing clients in various trademark and IP matters, in Israel and abroad.