NEED A TRADEMARK REGISTERED?

A Trademark protects a brand, logo, slogan or name, so you can distinguish your business brands from your competitors. You can also trademark a company name and trademark a business name.

What isn’t well known is that a Trademark is only as good as the details that are lodged which are not assessed by the Government.

Understanding the trademark laws and your business to ensure that the correct legal details are lodged is essential, otherwise your trademark rights can be removed (or cancelled).

A Registered Trademark provides Australia-wide exclusive rights to commercially use your Trademark for the goods or services that it is registered. A Trademark also supports your entitlement to an A.S.I.C. Registration featuring the trademark such as a company name, or business name.

Likewise domain names can be protected and controlled if you have registered the domain name (website) as a Trademark. Importantly you should never purchase a domain name without checking who owns the Trademark.

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.

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 does, and only if you comply and meet the requirements of Trademark law.

Trademark requirements are not part of the Trademark Application process, but are ongoing compliance and obligations as you trade with the Trademark. Only a legal practitioner can guide you through this as your business trades.

Owning a name, brand, logo or slogan is solely governed by owning the Trademark rights and using them in the correct way as required by Trademark legislation.

Businesses often also refer to Trademark Attorneys as Trademark Lawyers.

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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 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 firm has proudly serviced the intellectual property needs of Sydney, Melbourne, Brisbane, Perth and Adelaide businesses.

ACCREDIATION

It’s our industry Institute of Australian and New Zealand Patent and Trademark Attorneys.

A Trademark Attorney has to have exceptional experience and be recommended by other Patent Attorneys as providing good quality services in order to gain membership of I.P.T.A.. We have been elevated from membership status to being a Fellow.

OUR TRADEMARK SERVICES PACKAGES

Trademark Registration Package 1
(high risk - no searches)
  • Trademark Attorney Consultation
  • Application (includes 10 year registration)
  • Written Advice
  • Ownership Advice
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

WHAT CAN BE REGISTERED AS A TRADEMARK?

Trademarks protect logos, brands, slogans, a business or company name, a person’s name (first name, surname or both), website name, letter, number, word(s), sound, smell, shape, logo, picture, moving image, aspect of packaging, or combination of these.

DID YOU KNOW?

Successful trademarks can be sold or even licensed, earning you income.

TRADEMARK SERVICES FAQs

CALL US ON
+(61) 1300 138 802

MON-FRI: 9AM TO 5PM

WHY OUR PATENT ATTORNEYS?

Cost Certainty

We offer fixed priced fees so you are confident with your intellectual property budgets.

Responsive Timeframes

We respond promptly and provide cost-effective outcomes in a responsive manner.

Specialist Patent Attorneys

We offer you specialist patent experience and skills.

Full Service Patent Attorney Firm

We don’t just lodge Applications to protect you, we also provide comprehensive advice on how to protect your entitlement to the intellectual property, so you don’t lose it.

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