Patent and Trademark Attorneys

Our Registered Patent Attorneys are also Registered Trademark Attorneys in Australia and New Zealand.

We provide 22 years of intellectual property experience in patents, product design and trademark protection, and provide global intellectual property protection.

Our Patent Attorneys and Trademark Attorneys are often engaged by clients with failed Patent and Trademark registrations because they applied by themselves (D.I.Y.) , or they unfortunately used unqualified patent or trademark companies.

Some budget providers muddy the waters by saying they file a patent or trademark application, but don’t do all the legal work that’s required to stop copycats. Sometimes there is missing vital detail(s) which cause cancellation of Intellectual Property rights through Oppositions at the Patent and Trademark Office, or in the Federal Court.

You may be unaware, but the devil is 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 your rights.

We often find that D.I.Y. rights can be unenforceable because of no knowledge of the Patent and Trademark Act when applying.

Patent Designs

Why we’re growing so fast as a firm

Our Patent and Trademark Attorney firm has grown quickly for following reasons.

Clients who experience the difference in our premium services, stay. This is because our firm’s advice illustrates that there’s more to a patent and trademark than first appears. In particular, our risk advice is holistic and long term.

Longer term, our clients see the mistakes and traps we rescue them from.

New businesses also come to our firm after finding out the trademark company they were using wasn’t actually legally qualified and told them that their trademark application would succeed, but it is later refused.

Our management software is uniquely developed by us. It tracks and protects our client’s Intellectual property rights from accidental lapses. It also updates our clients at each step during the application process, and provides invaluable advice at each step.

What can go wrong?

For trademark applications many businesses see some of the difficulties when applying themselves. Particularly when 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, so often the template assistance doesn’t meet or service the needs of the business even though at first glance it may look positive.

Sometimes more sinister problems and risks lie which haven’t been adequately taken into account when applying.

Businesses also comes to us when they find out that their trademark application lacks the detail (and scope) to cover what a copycat copies.

In addition to losing the brand or invention the business thought was theirs, unfortunately in many cases, the business may also incur the risk of infringement action being threatened against them in the Australian Federal Court by the rightful owner of the patent or trademark.

Intellectual property applications provide you with the right, and control on your ideas, provided that the right history, quality and legal correctness is present and adopted.

Start with comprehensive Attorney research

Our Attorney infringement research is comprehensive and seeks to identify the possibility of conflicts early. We also go well past the Trademark Office research and seek to identify if there may be a successful opposition or revocation against the Accepted or Registered Trademark you hold.

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 at the Patent and Trademark Office.

Who ultimately makes the decision – The Courts do

Getting the detail 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) 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 you don’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.

What our Trademark Lawyers can do

 

The good news is that for your new business name, logo, slogan and brands, we provide premium and comprehensive Trademark Services, providing you with confidence that the Trademark Application is lodged correctly, the first time.

You can achieve better trademark results with our trademark lawyers who apply 22 years experience. Our firm will navigate you past litigation risks and loss of Trademark Registrations.

Longer term we’ll also represent you when there’s a brand infringement, and when your business changes directions, we’ll check your trademark registration covers you still.

Businesses often refer to Trademark Attorneys as Trademark Lawyers, and Patent Attorneys are often referred to as Patent Lawyers.

 

Brand Infringement

 

Trademark Services History

With 22 years of experience in Intellectual Property, Australian Patent & Trademark Attorney Services has an outstanding track record of protecting thousands of Patent and Trademark assets for businesses.

We speak plain English and ensure our intellectual property advice integrates with commercial strategy and plans. We spend the extra time to make sure you understand your true position with respect to “ownership” of a Trademark or Patent.

We also expand our client’s Patent and Trademark rights offshore to enable them to grow global profiles and a global commercial reach.

Contact our Trademark Lawyers representing Sydney, Melbourne, Perth, Brisbane, Darwin, Hobart and Adelaide businesses to have your intellectual property protected in a prompt and affordable way.

Our premium services cannot be matched and result in much fewer longer term problems such as brand loss, adverse reports refusing trademark applications, litigation and loss of inventive rights.

 

Intellectual Property

Don’t D.I.Y., Have your own Patent or Trademark Attorney

Have a Trademark Attorney or Trademark Lawyer implement Intellectual Property for you, so you can get started making sales without the legal surprises.

If you’re unconvinced that you need a legal expert for this, take a look at the hidden surprises that happen in our blog news section.

There are many Court actions where D.I.Y. trademarks failed to be enforceable, or worse where the business was stripped of their Trademarks and sued for damages.

Our Trademark Attorneys are licensed to advise in Trademark law in Australia and New Zealand.

We help you avoid pitfalls with your Trademark Application. Lack of detail, wrong classes, wrongly worded goods and services are fatal when enforcement proceedings commence.

 

Saving you in the longer term

Our Trademark Solicitors in Sydney can help you avoid costly legal problems by conducting comprehensive Trademark Searches before filing your Trademark Application. Our Trademark Searches go well the standard in many ways.

We investigate for brand conflicts/infringements well past the scope of that offered during the Patent Office and Trademark office examination of trademark applications. For example, we search eight databases, not one database to really reduce your exposure to litigation.

Were you aware that Acceptance and even Trademark Registration is not warrantied? Trademark Registrations can be removed or revoked through Court action.

 

We go well beyond the search standard

Our comprehensive searches review common law unregistered Trademarks which are not looked at by the Government.

Finding all brand ownership threats is critical as they can upset ownership of a Registered Trademark.

 

What benefits are there in being our client?

The following questions (and answers) are covered by our Trademark Attorneys to ensure quality trademark protection of your brand, business name, company name, website name, logo or slogan.

Do you know how:

  1. To work out if your brand name is prohibited and meets the definitions required by the Trademark Act 1995?
  2. Different you have to be from another brand to avoid litigation?
  3. To properly search that spelling difference to work out if you could infringe, according to the latest Trademark Court cases?
  4. To work out if an Accepted trademark can be unwound by third parties with proper legal reasons?
  5. Work out if your trading is legally compliant with Trademark requirements?
  6. If your choice of terminology, goods and services is correct, or are you using restricted cover (wording) supplied by the Government?
  7. To respond to Adverse Reports issued by the Trademark Office without prejudicing your legal position or rights?
  8. To work out if have the right “trademark owner”, as required by the Trademark Act (otherwise your trademark could be removed by a competitor’s Trademark Lawyer).
  9. To expand trademark rights overseas, and safely?
  10. To spot and stop copycats?
  11. Handle if a third party opposes registration of your Trademark application?
  12. To respond to a cease and desist letter without creating liability or weakening your position?
  13. To handle a Court summons you may receive for infringement, even if you thought IP Australia had accepted your trademark?
  14. If your trademark still protects you if you change your logo?
  15. What do you do when you offer additional goods/services?
  16. What to check after 10 years, to see if your trademark is worth renewing, or if a new trademark is needed?

 

Having an experienced Patent and Trademark Attorney represent you makes life easy, and helps avoid nasty and expensive surprises.

Please contact our Patent and Trademark Attorneys for representation directly here.

PATENT, TRADEMARK AND PRODUCT DESIGN PROTECTION

22 Years Experience – Fellows of the Australian Institute of Patent Attorneys and Trademark Attorneys. Call today on 1300 138 802.

INTELLECTUAL PROPERTY

can include patents, trademarks and designs and many other forms of protection.

PATENT

your ideas, inventions, innovations, devices, substances.

TRADEMARK

your business name, company name, logo, brand and slogan, etc.

DESIGNS

to protect the new shape or design of a new (or existing) product.

WHAT TYPE OF PROTECTION DOES YOUR BRAND NEED?

Low Risk
Medium Risk
High Risk
Low Risk

Having a comprehensive search and proper trademark application lodged is like building a house that isn’t missing a cement foundation. A rock solid base where you can be confident to proceed to put your money into it.

Having a professional take care of your position is essential to navigate the difficult laws and gaps that can lead to disaster in the longer term.

Medium Risk

So you think you can rely on Trademark Registrations once approved by the Government think again? The Australian Federal Court has cancelled many trademark registrations 5-7 years after they were Registered by the Trademark Office.

So simply put, you cannot rely on a Trademark Registration and can still be sued for all you have. Take a look at the ANCHORAGE financial planning company was surprised to find out in Federal Court that all three trademark registrations were invalid and cancelled.

Likewise in the CLIPSO case, all of their CLIPSO registrations were cancelled by the Court and then the Director was held liable for damages because he personally came up with the brand in the first place.

High Risk

Investing too little or nothing at for professional searches is the same as buying a house but not having building insurance. A fire, flood or earthquake comes and you’re not covered and you lose personal assets too and are summoned to the Australian Federal Court for damages.

Many businesses rely to heavily on their own legal searches which find “0” results leading them to think it’s clear. Little do they know trademark variants haven’t been suggested or searched which can lead to infringements.

Trademark Lawyer Melbourne

YOUR OWN PATENT ATTORNEY

→ 22 years Intellectual Property Experience
→ Registered Patent Attorney
→ Registered Trademark Attorney
→ Bus. Mgmt. (Cert IV)
→ B. Sc. (Hons) Biotechnology
→ Fellow of the Australian Patent Attorney Institute (I.P.T.A.)

ACCREDITATED

  1. 22 years Intellectual Property experience
  2. Registered Patent Attorneys – Australian and New Zealand
  3. Registered Trademark Attorneys – Australian and New Zealand
  4. Fellow of the Australian Institute of Patent and Trademark Attorneys (I.P.T.A.): I.P.T.A. is our industry Institute of Patent and Trademark specialists. We abide by I.P.T.A.’s high level standards and code, and were accepted into I.P.T.A. based on our exceptional experience, and recommendation by other member I.P.T.A. Patent Attorneys.
  5. Bachelor of Science Degree (Honors)
  6. Business Degree

INTELLECTUAL PROPERTY NEWS

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