Registered Patent
Attorneys and
Trademark Attorneys

Our Patent and Trademark Attorney firm is well recognized and regarded in the industry for its successes.

We find that many potential new businesses come to our firm after discovering that the patent and trademark lawyer company they previously employed lacked legal qualifications and moreover provided incorrect advice, advising that their trademark application would succeed, when conversely a subsequent refusal demonstrated the application to be clearly incapable of registration.

Our Intellectual Property management software is uniquely developed by us. It tracks and protects our client’s Intellectual property rights from accidental lapsing. It also updates our clients, and provides them with important advice at each step, both during the application process and later (renewal reminders etc.).

Experience counts in patents and trademarks. The method of lodgement can reduce the risk of rejection.

Experience matters when handling a Patent or Trademark Office rejection – when arguing against the objection(s), retaining the scope of rights, and gaining acceptance despite a rejection; all depend on experience and skill – not everyone can achieve it.

Some budget-providers muddy the waters by claiming to file a patent or trademark application, but in practice fail to complete all the legal work required.

When vital details are omitted through carelessness, the cancellation of Intellectual Property rights can and does frequently occur through Opposition at the Patent and Trademark Office, or in the Federal Court.

You may be unaware, but the devil is always in the detail with patents and trademarks. Missing detail or the wrong description of your invention or brand activities in your patent or trademark application could cost you everything eventually.

It is not the role of IP Australia (the Patents Office) to determine if the content of your application is correct and is capable of providing legal protection.

For trademark applications, many businesses see the difficulties in writing their own applications, however many legal issues remain “hidden”, only revealing themselves when the trademark needs to prove itself reliable under legal test.

The most common situation is the receipt of a Trademark Office Adverse Report refusing to accept the application. Part of the issue with these Reports is they don’t take into account the entire legal situation, enforcement, infringement or scope of trademark rights. Often the template Government assistance doesn’t meet or service the needs of the business even though at first glance it looks helpful.

Often there exist hidden more sinister problems and risks which haven’t been considered when (and preferably before) making application.

Businesses also seek our advice when they discover that their trademark application has been used by an infringer. Unfortunately our trademark lawyer and attorney audits do discover many gaps in the legal coverage. We often find the necessary legal detail to provide enforcement is missing from the application.

The sad reality is that many businesses incur substantial risk of Australian Federal Court infringement action being threatened against them by the rightful owner of the patent or trademark. Ownership is not the same as the first company to submit application either.

Intellectual property registrations provide owners with the monopoly-right and control of ideas, provided that the correct history, quality and legal security is present and adopted.

Our Attorney infringement research is comprehensive. Our Lawyers and Attorney have full knowledge of the expensive of potential legal issues. Our firm commits to a comprehensive effort to identify conflicts for our Clients early on. We assist you to avoid expensive Court action or necessity for closing down a brand following receipt of a “Cease and Desist” letter.

We would like to stress that it is not the first applicant for a trademark or patent who owns entitlement, there are other criteria reviewed in Court, that are NOT reviewed by the Patent and Trademark Office.

Getting the details correct is vitally important otherwise your Trademark Registration could be subject to non-use proceedings, and could be cancelled. The Trademark Registration might also NOT be enforceable against infringements because of faulty (or missing) legal detail (or content).

Our clients are put at ease with our premium Patent and Trademark lawyers navigating all the way through the process, with the correct patent and trademark advice before, during and after each step of the Government process.

Modern day standards expected by the Federal Court during Trademark proceedings are much higher. If the Trademark Application content is not legally perfect, then the Court can void a Trademark Registration, and the case will be lost.

The sad truth is many Trademark Registrations render no protection for the brand, a situation of which many an owner is unaware until litigation ensues. That is why our Firm is alerting you to this fact as we believe important business Trademark assets should be reliable and not be voided when needed.

Whether you are in Sydney, Melbourne, Brisbane, Perth, Darwin, Adelaide or Hobart, our Trademark Lawyers take care of all these aspects to deliver excellent and reliable results.

It is not the first to apply for a trademark or patent that is entitled, there are other criteria that are reviewed at Court, that are NOT reviewed by the Patent and Trademark Office.

Too many businesses unwittingly bear unknown Trademark litigation exposure to competitors who may actually hold the “true” entitlement to own, control and trade with the Trademark Attorney as required by the Trademark Act 1995 (Cth).

We have reported many Federal Court cases where this has occurred. See our blogs.

Trademark Registration also protects company names, business names, brand names, logos, slogans, aspects of packaging and so forth. If you don’t want to lose goodwill and reputation you’re developing, then contact our Trademark Attorneys today.

For a few examples of our client’s trademarks, see our sample page.