Trademarks
Protecting your business trademarks (TM) is important to us.
Why trademark attorney searches?
- Many trademark applications are rejected on the basis that the same or similar trademark exists.
- Many people overlook or are unaware of the following:
- which trademark databases need to be searched,
- how to search for trademarks effectively without missing anything important,
- how to interpret how similar a trademark has to be to invite either oppositions or court action,
- whether any obstacles can be overcome by applying the Trademarks Act or Regulations.
- Properly conducted trademark searches:
- significantly increase your chance of successfully applying and registering a trademark, and
- reduce your trademark infringement risks and the associated financial burden and stress of legal proceedings.
- A proper knowledge of the Trademarks Act 1995 and court decisions must be applied to both trademark searches, trademark usage in the marketplace and trademark applications.
- To provide greater security and minimize infringement risks for your business, our experienced searcher:
- has over 11 years of experience across a wide range of Australian and overseas databases, and
- searches up to 7 trademark databases in Australia alone (any less significantly increases the likelihood of breach of trademark rights).
Trademark (TM) applications
- Many trademark applications are rejected because they do not qualify for protection and are not filed correctly.
- Even if accepted, if the scope of trademark rights are defined without knowledge of the Trademarks Act or court cases, then the application can simply be “incorrect” and provide little or no legal rights to protect you when copying occurs.
- badly defined good and services in a trademark registration may even lead to removal of the registered trademark.
- Our firm ensures that you will acquire broad trademark rights and will minimise your exposure to the above issues.
Other trademark services:
- Many businesses protect their trademarks but do not “watch” their rights.
- Failure to spot infringements (brand theft) early can result in a loss of trademark rights, significant legal conflict, or may end up with you having to share your brand with a competitor.
- We therefore extend our services to monitor for potential competitor trademark applications and if they appear to conflict with your brand we will notify you so that you have an opportunity to oppose.
- Provision of opposition and infringement advice
- Lodging overseas trademark applications (for example United States, Europe, Asia, etc).
