Trade Mark Attorneys
Fuss Free Representation
Fellow & Member of
The Institute of Patent and Trademark Attorneys of Australia
What is a Trademark?
A trademark can have many forms, including a person’s name (first name, surname or both), website name, business or company name, letter, number, word(s), sound, smell, shape, logo, picture, moving image, aspect of packaging, or combination of these.
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:
- Kre8tive at Work
We Act for You
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.
The Trademark Ice-berg
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.
Did you know?
Successful Trademarks can be sold or licensed for a fee, earning you income.
Another risk when unrepresented businesses apply for a trademark, is that your name and address are published online.
This allows rivals owning similar trademark rights to find you and can stir unwanted legal drama.
The Trademark Office
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 backed.
The Trademark Office process whilst good, has many limitations, including:
- Taking 8 months (minimum).
- No warranty 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.
See an example where D.I.Y problems results in removal of rights, and compensation claims here: Facebook News Page.
Scams target D.I.Y.
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.
Trademarking your Logo?
How to go about this can be quite confusing and is often done incorrectly.
To help you understand the right process and associated risks of not following our recommendations, we have written a step by step trademark logo guide, click here.
Selling your Trademark?
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.
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.
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.
Our leading firm has a Patent Attorney with 30 years Trademark experience.
Weak Rights, or NO Rights at all
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.