What you need to know when registering a trademark
The procedure for registration of a trademark can not be called simple. Therefore, clients often resort to the services of specialists, fully relying on their professionalism. The client also thinks that the hired specialist provided him with full information on the service. But is it really?
We apply a fixed rate for all stages of registration of a trademark without hidden fees, so we will reveal to you the main tricks of attorneys, entailing a rise in the cost of services.
After checking the trademark, the client is informed about the possibility of registering the trademark of his choice with many reservations. However, the registration procedure is not specifically explained as well as the need to pay for each extra action of the attorney. In this case, of course, there is no deception: the full price list for attorney services can be found on his website. But who studies such a price, when he was called a specific amount for registration?
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As a result, the amount for registration of a trademark by the time of obtaining the certificate may increase by 2 times or more due to “additional” services.
In order not to fall into such a trap, you need to know the minimum information about the stages of registration of a trademark and the accepted practice of pricing for the services of attorneys.
As you know, the process of registering trademarks involves several steps.
At this stage, the possibility of registering the designation chosen by the client is estimated, taking into account registered trademarks or submitted applications.
The price of a trademark verification service is usually indicated separately and charged before accepting the registration task.
Here it must be remembered that when checking in the bases of Rospatent only registered trademarks are taken into account. Check on applications is much more expensive, but also does not give special guarantees.
This service is usually sold as a trademark registration. However, this is only the beginning. At this stage, the attorney only makes up an application and sends it to Rospatent.
Check if the next steps are included in the price of the service offered to you.
At this stage, Rospatent verifies the correctness of the preparation of the application for registration of a trademark and the completeness of the package of documents attached to it, payment of the fee.
If errors are detected, Rospatent sends a request for their elimination. And there is no reason to pay for the additional services of an attorney, since the free passage of the check directly depends on the quality of his work in compiling a package of documents.
This is where the fun begins. At this stage, Rospatent checks for the presence of similar or identical registered trademarks or similar designations, the application for registration of which takes precedence over the date before yours.
As a result of the audit, trademarks and designations can be identified in the registration process, which, in the opinion of the Rospatent specialist, overlap with yours.
For the preparation of a reasoned response, in most cases you will be asked to pay an additional amount equal to or greater than the cost of preparing the application 2 or more times depending on the “complexity” of the situation. This "complexity", of course, assesses your attorney.
You can refuse his services, but in any case pay, because:
1) You do not have the necessary knowledge and experience to answer, so you will be forced to turn to another specialist;
2) You will need to change the address for correspondence with Rospatent, since usually, the application indicates the address of the attorney who issued it.
Argue with the attorney is useless, because the order for registration states that he only compiles a package of documents and sends it to Rospatent, and then see the price list. It is also difficult to prove that the claims of Rospatent arose due to a poorly conducted search or an illiterately formulated application, since In the search report and attorney agreement there will be numerous disclaimer items. And we generally share this position, because The attorney is not an insurance company to give a 100% guarantee of registration of a trademark.
This is a complex process and depends largely on the value judgment of Rospatent specialists. Although the experience of the attorney and the ability to predict the results based on it are also of great importance. Of course, there are such performers who benefit when the client gets into a difficult situation and has to pay for the exit.
This stage is optional and takes place, for example, in the case of a change in the name or address of the applicant. The attorney cannot predict the possibility of such changes. Therefore, the requirement of payment for such actions is quite reasonable.
Another interesting point: the cost of registration services does not include obtaining a certificate. It seems natural to the client, and the attorney uses the fact that at this stage it is necessary to pay a fee for issuing a certificate. In this case, such a certificate will come to his address. If you want to change the address for correspondence to your own, you will be asked to pay extra for making changes, plus this action requires payment of state duty.
As a result, when a request comes from Rospatent, the client receives a letter from the attorney with an offer to pay for the services for drafting a reply.
When, it would seem, all the documents are ready and Rospatent made a decision on the registration of a trademark, the attorney proposes to use its services again, but after receiving the certificate for the trademark.
Thus, 10,000 rubles declared at the first stage for registration of a trademark is actually converted into 20 thousand rubles and above.
Be careful when choosing trademark registration specialists. Do not be afraid to check with them for full information on the cost of services until the certificate. And you will discover a lot of unexpected and interesting!
We apply a fixed rate for all stages of registration of a trademark without hidden fees, so we will reveal to you the main tricks of attorneys, entailing a rise in the cost of services.
After checking the trademark, the client is informed about the possibility of registering the trademark of his choice with many reservations. However, the registration procedure is not specifically explained as well as the need to pay for each extra action of the attorney. In this case, of course, there is no deception: the full price list for attorney services can be found on his website. But who studies such a price, when he was called a specific amount for registration?
')
As a result, the amount for registration of a trademark by the time of obtaining the certificate may increase by 2 times or more due to “additional” services.
In order not to fall into such a trap, you need to know the minimum information about the stages of registration of a trademark and the accepted practice of pricing for the services of attorneys.
As you know, the process of registering trademarks involves several steps.
1. Checking trademarks in databases
At this stage, the possibility of registering the designation chosen by the client is estimated, taking into account registered trademarks or submitted applications.
The price of a trademark verification service is usually indicated separately and charged before accepting the registration task.
Here it must be remembered that when checking in the bases of Rospatent only registered trademarks are taken into account. Check on applications is much more expensive, but also does not give special guarantees.
2. Preparation of application documentation and its submission to Rospatent
This service is usually sold as a trademark registration. However, this is only the beginning. At this stage, the attorney only makes up an application and sends it to Rospatent.
Check if the next steps are included in the price of the service offered to you.
3. Verification as part of a formal examination
At this stage, Rospatent verifies the correctness of the preparation of the application for registration of a trademark and the completeness of the package of documents attached to it, payment of the fee.
If errors are detected, Rospatent sends a request for their elimination. And there is no reason to pay for the additional services of an attorney, since the free passage of the check directly depends on the quality of his work in compiling a package of documents.
4. Examination of the application on the merits
This is where the fun begins. At this stage, Rospatent checks for the presence of similar or identical registered trademarks or similar designations, the application for registration of which takes precedence over the date before yours.
As a result of the audit, trademarks and designations can be identified in the registration process, which, in the opinion of the Rospatent specialist, overlap with yours.
For the preparation of a reasoned response, in most cases you will be asked to pay an additional amount equal to or greater than the cost of preparing the application 2 or more times depending on the “complexity” of the situation. This "complexity", of course, assesses your attorney.
You can refuse his services, but in any case pay, because:
1) You do not have the necessary knowledge and experience to answer, so you will be forced to turn to another specialist;
2) You will need to change the address for correspondence with Rospatent, since usually, the application indicates the address of the attorney who issued it.
Argue with the attorney is useless, because the order for registration states that he only compiles a package of documents and sends it to Rospatent, and then see the price list. It is also difficult to prove that the claims of Rospatent arose due to a poorly conducted search or an illiterately formulated application, since In the search report and attorney agreement there will be numerous disclaimer items. And we generally share this position, because The attorney is not an insurance company to give a 100% guarantee of registration of a trademark.
This is a complex process and depends largely on the value judgment of Rospatent specialists. Although the experience of the attorney and the ability to predict the results based on it are also of great importance. Of course, there are such performers who benefit when the client gets into a difficult situation and has to pay for the exit.
5. Amendments / clarifications / corrections to the application
This stage is optional and takes place, for example, in the case of a change in the name or address of the applicant. The attorney cannot predict the possibility of such changes. Therefore, the requirement of payment for such actions is quite reasonable.
6. Obtaining a trademark certificate
Another interesting point: the cost of registration services does not include obtaining a certificate. It seems natural to the client, and the attorney uses the fact that at this stage it is necessary to pay a fee for issuing a certificate. In this case, such a certificate will come to his address. If you want to change the address for correspondence to your own, you will be asked to pay extra for making changes, plus this action requires payment of state duty.
As a result, when a request comes from Rospatent, the client receives a letter from the attorney with an offer to pay for the services for drafting a reply.
When, it would seem, all the documents are ready and Rospatent made a decision on the registration of a trademark, the attorney proposes to use its services again, but after receiving the certificate for the trademark.
Thus, 10,000 rubles declared at the first stage for registration of a trademark is actually converted into 20 thousand rubles and above.
Be careful when choosing trademark registration specialists. Do not be afraid to check with them for full information on the cost of services until the certificate. And you will discover a lot of unexpected and interesting!
Source: https://habr.com/ru/post/292648/
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