What can go wrong?
For trademark applications many businesses see the difficulties when applying themselves, however many legal issues remain “hidden” that comes out when they need to rely on the trademark.
The most common is they receive a Trademark Office Adverse Report refusing to accept their 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 are more sinister problems and risks which haven’t been considered when (and preferably before) applying.
Businesses also come to us when they discover that their trademark application has been used by a copycat. Unfortunately our trademark lawyer and attorney audits do discover many gaps all too often. We often find the necessary legal detail to enforce, is missing.
The sad reality is that many business incur substantial risk of Australian Federal Court infringement action being threatened against them by the rightful owner of the patent or trademark. This is not the first to apply either.
Intellectual property registrations provide you with the monopoly right, and control of your ideas, provided that the correct history, quality and legal correctness is present and adopted.
Start with comprehensive Attorney research
Our Attorney infringement research is comprehensive. Our Lawyers and Attorney know and see how expensive it gets later. So we put in a comprehensive effort to identify conflicts early on. We assist you avoid expensive Court action or having to close down a brand after receiving a “cease and desist” letter.
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. Plus their decision can always be opposed.
Who ultimately makes the decision – The Courts do
Getting the details correct is 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 copycats because of faulty (or missing) legal detail (or content).
Our clients are put at ease with our premium Patent and Trademark lawyers guiding them all the way through the process, with the correct patent and trademark advice before, after and during each step of the Government process.
Modern day standards expected by the Federal Court during Trademark proceedings are much higher than they used to be. If the Trademark Application content is not legally perfect, then the Court can void your Trademark Registration, and you will lose your case.
The sad truth is many Trademark Registrations render no protection for the brand, just the owner doesn’t know it yet. That’s why we are alerting you to it 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 results.
How else can things go wrong?
Too many businesses unwittingly wear 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.