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.