Intellectual Property (IP) Rights

Patent Attorneys, Trademark Attorneys

Fellow & Member of

The Institute of Patent and Trademark Attorneys of Australia

Intellectual Property (IP)

IP has many forms. The most common tangible forms are Patents, Trademarks and Product Design rights.

Patent Attorneys and Trademark Attorneys are legal specialists in protecting ideas in the form of Patent, Trademark and Product Design rights.

Patent Attorneys are often referred to by Businesses as Brand Lawyers, Trademark Lawyers, Patent Lawyers, Patent or Trademark Solicitors.


Patents

For protecting idea, inventions, processes, methods and systems.

Click here to find out more.


Designs

For protecting the new shape, configuration, ornamentation or pattern of a product.

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Trademarks

For protecting business names, company names, brands, logos, slogans, identities, etc.

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Free Intellectual Property Pack


IP Enforcement

What is critical is that the applications are legally perfect to actually stop an infringement.

This aspect is not checked during examination by IP Australia as they do not provide legal advice.

A Registered Product Design, Registered Trademark, or Granted Patent, may be useless in protecting you if not done correctly using a Patent Attorney.

And you will not be warned about this unless it is checked by a Patent Attorney before lodgement.

Amendments are impossible usually as the Application details were incorrect and cannot be altered.


D.I.Y.

If you think you can lodge whatever content you think is right and if it isn't right you'll somehow be offered a chance to change it, you couldn't be further away from the truth.

Not only may your Registration not protect you, but it will actually prevent (in many cases) an Attorney from assisting you later because your D.I.Y. application will usually cause an objection to the later application.

For example, a Patent will be rejected if the idea is disclosed in a prior patent.

Case Study

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.