Company and Business owners use Trademark Registration to claim ownership of a brand and logos, and stop (prevent) competitors from using the brand in a misleading or improper commercial manner.
A Trademark Registration allows the owner to claim compensation for brand infringement. Compensation can be for trademark damage or loss.
Trademark Registration Options
Name Trademarks (words): For example you can register your company name or business name as a trademark. Contrary to belief, the company or business name provides no legal rights to the name. Trademark Registration for word(s) only protects the text, and does not protect any impression such as graphics, signatures, fonts, etc.
Graphic Trademarks (logos): Logos such as Nike’s “Tick” symbol have been registered as a trademark. This allows you to stop copying of the graphics.
Combination Trademarks (word and logos): This is where both the word and image are registered together.
Why use a Trademark Attorney?
Your Trademark Attorney or Trademark Lawyer can work out the best formats to use when lodging a trademark application. Choosing the correct format is important, otherwise the trademark may not be enforceable against trademark copycats, or could be subject of trademark non use (cancellation) proceedings. Our Trademark attorneys use non-use proceedings to cancel Trademark Registrations with faults for our clients who have similar names.
How are trademark applications processed?
The Government Office responsible for assessing and registering trademarks is IP Australia. When the Trademark office reviews a trademark, the Trademark Office will firstly search to see if there are any similar or identical trademarks already registered.
If there are no problems here, then they will assess whether the trademark is capable of distinguishing the goods and/or services applied for.
The standard time-frame for assessment is 7 months. Importantly, IP Australia is not held liable for wrong decisions, the applicant wears the infringement and liability if there’s a conflict with another party.
If accepted, then there is a formal “freeze period” of 2 months where Third Parties can oppose the Registration of the trademark.
What doesn’t the Trademark Office do?
They don’t advise whether you have the right content, classes, goods/services are correctly described, or whether you omitted other important aspects.
Additionally, they do not advise if there are other factors which could jeopardise or cause cancellation of the Trademark rights.
This is what a Trademark Attorney can assist with.
Registering Business and Company Names as a Trademark
Businesses and Companies often regard being the first to register a trademark provides them with exclusivity, but this isn’t the case in Australia.
Contrary to belief, an Australian Investment and Securities Commission (ASIC) business or company name registration does not provide any rights to the trading name.
Ownership is completely governed by owning the Trademark, and also the right to own a business or company registration is underpinned by owning the Trademark rights.
Is a Registered Trademark enforceable?
Registering a brand, logo or words can be easy, but enforcing can be impossible if the correct content wasn’t applied for in the first place.
A Trademark Attorney can audit, compile and lodge a Trademark Application for you, to ensure it is lodged correctly.
They can also advise on strategies to acquire, and predict longer term whether trademark registration ownership of a brand, logo, name or slogan will have any issues or problems.
How can a Trademark Attorney help you?
A Trademark Attorney is a specialist in understanding, advising and navigating businesses and companies to register their trademarks and protect their valuable brand goodwill and reputation.
We assist to minimise conflicts and hidden surprises that many businesses and companies endure when applying without help or comprehensive services.
If you want your own Trademark Attorney to represent your trademark portfolio, conduct trademark audits to check your rights aren’t faulty and are actually enforcement, advise you on what problems you may face, then contact our Trademark team of Attorneys on 1300 138 802 or email our firm.