Trademark Lawyer Assistance

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Trademark Business Name Australia | Protect Brand

See a sample of our client’s logos that we have protected.

Our Trademark Lawyers have 26 years’ experience to ensure quality trademark rights. If you are anywhere in Australia or overseas, our Trademark Attorney firm can protect your brand, logo, slogan, business name or company name.

Company and Business owners engage our firm because they want their legal affairs looked after comprehensively. Our firm puts in the time and effort to avoid future surprises and legal headaches.

The Trademark Act and requirements have not been studied and understood by the brand owner. The legals can catch them out later, when they need to rely on the trademark rights, and can make their case difficult or impossible. Especially if they come up against a competitor who is represented by a Trademark Lawyer.

Many businesses are unaware of ongoing trademark compliance and obligations. And they can be caught out in the longer term when a rival challenges their entitlement to a trademark registration.

At Australian Patent and Trademark Services, our Trademark Lawyers are interested in your longer-term result, rather than seeking the short-term result of a trademark registration.

Trademark Lawyer Searches

With our searches, your Trademark lawyer will carefully spend days, if not a week to diligently search. We will work out and assess conflicts and your risk of trademark infringements if you are to adopt the Trademark. Simply having a Trademark does not mean that you are protected or the true owner. It can later be challenged.

Our Trademark lawyers simply don’t believe in spending 5 minutes conducting a search because it won’t be enough. And, even if The Trademark Office’s assessment is favourable, the decision can be reversed 6 months later at opposition by a rival, or even longer term, in Court.

We conduct trademark searches on seven (7) databases to comprehensively assess if Court action or infringement risks exist. Please note this is a significant difference with the Trademark Office and some firms who only examine the Trademark Register for conflicts or infringements.

Our clients

In Australia a substantial number of our clients generally are located in Sydney, Melbourne, Brisbane, Perth, the Gold Coast and Adelaide.

Also, we are experts at protecting ideas and brands with international patent and trademarks. We have assisted many thousands of companies from nearly every corner of the globe.

Why a Trademark?

Trademarks protect your brand, logo, slogan or company name, allowing you to distinguish your business, brand and logos from your competitors.

Trademark Registration in Australia is recommended so you can more easily enforce. It also prevents other businesses securing rights to your brand. You can also trademark an Australian company name registration or an Australian business name.

A Registered Trademark protect brand provides Australia-wide exclusive rights for you to use your Trademark in respect of certain goods and services. A Trademark also supports your entitlement to website, business or company name registered through A.S.I.C. or the Domain name registry.

A Trademark Registration allows you to enforce your Trademark rights to claim through Federal Court, compensation (damages) or lost profit when a rival has used your Trademark.

What mistakes are commonly made?

One of the biggest mistakes made is people purchase domain names without checking if the domain names infringe a trademark. The website name isn’t able to be used without potential legal repercussions if it infringes a trademark.

Contrary to belief, an A.S.I.C. Registration for a business name, company name or domain name DOES NOT provide any legal rights or ownership of a brand or logo. Only the Trademark Registration provides legal entitlement to a trademark, and only IF you comply and meet the requirements of Trademark law.

Improper trading with a trademark can lead to dilution or removal of the registration. Your Trademark Lawyer will be able to spot misuses on your website etc and prevent this problem occurring to you. Owning a name, brand, logo or slogan is governed by trading with them in the correct way as required by Trademark legislation.

Businesses often also refer to Trademark Attorneys as Trademark Lawyers.

30+ Reviews Australia wide and Internationally
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Trademark Registration Package 1

(high risk – no searches)
✔ Trademark Attorney Consultation
✔ Application (includes 10 year registration)
✔ Written Advice
✔ Ownership Advice

Get Quote

Trademark Registration Package 2

(medium risk – some searches)
✔ Trademark Attorney Consultation
✔ Application (includes 10 year registration)
✔ Written Advice
✔ Ownership Advice
✔ Comprehensive Australian Register Searches

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Trademark Registration Package 3

(little or no risk – comprehensive searches)
✔ Trademark Attorney Consultation
✔ Application (includes 10 year registration)
✔ Written Advice
✔ Ownership Advice
✔ Comprehensive Australian Register Searches
✔ Australian Common law Searches for identical names

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Trademark Registration Brisbane

What People are Saying

Hear from some of our clients with the reviews below:

As a startup organisation seeking help with trademarking our company’s name and logo we had been directed to Alex Ferrante for some free advice. Alex went above and beyond the call of duty by giving us over an hour of his time when only 30 minutes had been booked. He was very informative, helpful and clear about the process of obtaining a trademark. And he followed up soon after the meeting with the promised summary of our situation and suggested way forward.u0022 –
ANDY CAMPBELL
Alex has always provided me the right advice when it comes to my business and is very professional. Great direction and outcomes.
Paul Kidis
Alex was incredibly helpful, he was clear, concise and comprehensive. I would recommend him to anybody withu003cbru003eany doubts about the processes involved.u0022
IAN SHARAM
A big thank you to Australian Patent and Trademark Services. Alex has given me a precise strategic pathway to follow backed up by his professional advice and knowledge. I highly recommend Alex and his team to guide you in the right direction. Thanks again.u0022
GREGG COLBERT

HOW LONG DOES IT TAKE?

The Trademark Application process takes a minimum of 8 months, and if registered you are protected for 10 years provided you comply with the rules and regulations as provided for in the Trademarks Act 1995 (Cth).

The Trademark Registration can be terminated unless you continuously comply with Trademark rules for trading.

Only a Trademark Attorney can watch these rules and ensure you are meeting your obligations.

WHAT SERVICES DO WE PROVIDE?

We conduct regular Trademark Audits to check you do comply with trading Trademark rules and laws, and that there are no gaps in Trademark coverage.

This is important for all businesses because they usually diverge from their original brand position in new directions that could possibly void the original Trademark rights.

Where are the mistakes made?

Many businesses fail to get their Trademark Application content legally correct, and this is not checked by IP Australia, who will approve incorrect legal details.

This leaves you exposed to gaps and legal issues which will only be identified by a Trademark Attorney when you engage one to represent you when a copycat trades with the Trademark (or similar), or a Third Party opposes your Trademark.
It is not your necessarily your “trademark right”, even if you submit a trademark application first, or even if you have a Registered Trademark.

The Trademark Act 1995 (Cth) does provide for many other requirements outside of the application process which deem you (or someone else) to hold and own “true” ownership to the Trademark.

NOT CONVINCED TO BE REPRESENTED
Read in our blogs where business actually can end up after they lose their Trademark Registrations in the Federal Court and up for Damages.

We have reported just some of the Court cases in our blogs where D.I.Y. Trademark applications were cancelled and failed to be enforced.

This is usually the outcome for D.I.Y. because the Trademark Applications lacked the right legal detail, or the business wasn’t the “true” owner with the right legal basis, even though they applied “first”.

For 15 years, our patent and trademark attorney firm has proudly serviced the intellectual property needs of Sydney, Melbourne, Brisbane, Perth, Darwin, Canberra and Adelaide businesses.

Call us today on 1300 138 802 to speak with one of our Patent and Trademark Attorneys.


Fully Accredited

IPTA is our Patent Attorney industry institute. A Patent Attorney has to have exceptional experience and also recommended by other Patent Attorneys to be a member. Our Director is a Fellow.

Trademark FAQ’s

Click below to find out:

Many wrongly think an ASIC registered business or company name provides rights to a brand! It doesn’t.
See ASIC’s website where they discuss conflicts (disputes) between names. Their advice is to seek legal advice. Our firm conducts infringement research.

If you are concerned with your business, brand or are about to start a business, please fill out our trademark form.

Our research goes beyond any clients, for example, these two are in conflict:

  • Creative@Work
  • Kre8tive at Work

Why wait for registration in 8 month?

Why stress over the fact that your Registration could be removed by the Courts because you didn’t know Trademark laws like we do?

If a Court holds that you were not entitled, then they will order IP Australia to remove your Registration, leaving you to pay for compensation claims.

A Registered Trademark can be enforced against any other business that name, or similar for in the same or closely related fields.

The Registered Trademark Owner can sue to claim damages or profit, so it’s wise to check for infringements and rule them out before the commencement of trading.

Be sceptic of what advice you find online or through unqualified people.

It usually is incorrect or misrepresents legislative requirements.

In Intellectual Property, what is visible above-ground is nothing compared to what lurks in the actual laws beneath

The Trademark Office assist by searching & assessing Trademark Applications.

Our Trademark Attorney research covers a great deal more in identifying conflicts, and our searches are insured risk.

The Trademark Office process whilst good, has many limitations, including:

– No warranty or insurance provided on their assessment.
– They don’t carry liability for approving rights in error.
– Endorses using Trademark Attorneys.
– Publish applications which may raise issues with the owner of a similar trademark.

– Takes 8 months (minimum).

Your name and address are published online by the Trademarks Office.

When you are represented by our trademark attorney firm you can safely ignore scams and know you haven’t missed authentic correspondence.

You won’t find out the gaps in your understanding until it’s too late and you possibly find you don’t have the protection you thought you had.

One day you may be approached for purchase of your trademark rights.

Before the deal is finished, the quality of the rights should be checked by a Trademark Attorney.

Poor quality trademark rights will cause a buyer to walk away.

One example we have seen happen so often is discussed below.

Company A (D.I.Y.) and Company B (represented) are rivals applying for the same or similar Trademarks to protect their business name.

Scenario 1
Company A’s Application is rejected because it is incorrect and a new application cannot be lodged because Company B now has secured the Trademark rights.

Company A is forced to come up with a new business name. In some cases businesses find this out many years after having run a business which is a real brand concern.

Scenario 2
Company A’s application content had some real gaps in ownership, coverage and therefore will fail to protect them when they need to use it. They are not told this during the Application process because the Government doesn’t review their business plan or website. Company A has little or no rights but think they do.

Company C copies Company A’s Trademark and gets away with it because the Company A’s Trademark has failures in cover and/or ownership.

Professional help is a must.

We see many Trademark Registration which carry little or no enforcement possibility, or worse, present legal conflicts which lead to Court Action.

Represented businesses have fewer legal errors which can render a trademark invalid.

Many are unaware that a trademark can have different protective values, based on experience (0%, 5%, 80%, etc).

Protective value is the ability to stop a competitor.

It depends on the quality of the trademark’s legal content and whether it could be contested by rivals who have a better case to argue for ownership.

This value is NOT assessed by the Trademarks Office, and is a hidden disadvantage for the unrepresented.

Also, many legal errors cannot be “fixed” later, and are found when it is all too late.

How to go about this can be quite confusing and is often done incorrectly.

Here’s a step by step trademark logo guide:

1. Don’t design graphics until you are confident the words featured in your logo don’t infringe: Otherwise you may waste your funds developing a logo if the words infringe. A Trademark Attorney can conduct trademark searches and assess your proposal. D.I.Y. searches or quick searches by professionals often lead to issues that are only brought out when Court action is commenced. See our Court case reports.

2. Make certain the graphics do not infringe either: If you design a boomerang for your clothing do you infringe Nike’s “Tick symbol” even though they are different items? For legal confidence, a Trademark Attorney should evaluate your image and ensure your logo does not infringe.

3. Trademark your logo: You need the legally correct format, class(es), wording and ownership to enable your Barrister to stop copycats, otherwise your trademark will certainly almost not work. The Trademark Office does not assess these filed components and presumes they are all right. See this Court case where a D.I.Y. Trademark owner engaged a Trademark Attorney when his trademark was infringed to stop a copycat. His Trademark Attorney spotted an issue with the D.I.Y. trademark and amended the Trademark details to fix it, then took Court action. However the judge dismissed the case and ordered Cancellation of the “amended” Trademark Registration on the basis that it was invalid when lodged. The D.I.Y. Trademark owner could not stop the copycat!

4. Wait 8 months for your Trademark to be Registered before use: The Trademark Office does not warranty rights, and the Registration can be Revoked if it were not legally right for you to own them. For clarity, an attorney can lessen your risk in just 2 weeks (or less) with comprehensive infringement research. Beware of quick easy looking searches or offers, they often are not comprehensive and are not worth it!

5. Once Registered, find infringements each month: Monitoring for infringements is not a role of The Trademark Office. An attorney can assist you assess whether a rival’s use of your name infringes and seek compensation for you.

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