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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.

Why Register?

Your name and address are published online.

This allows rivals owning similar trademark rights to find you and can stir unwanted legal drama.

Did You Know?

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

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What are ASIC Registrations?
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

Why should I register for a Trademark now?
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.

What can you do with a Trademark?
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.

What is the "Trademark Iceberg"?
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.

What is a 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.

What are the risks of DIY Trademark?
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.

Can I sell my 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.

What are some examples of Trademark cases?
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.

What is "Protective Value"?
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 do I put a Trademark on my logo?
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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(By appointment only)
82 Ifould Street, Adelaide SA 5000
+(61) 1300 138 802

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