Trade Mark Lawyer
Trade mark registration grants you the exclusive right to use your mark as your identifying brand. Talk to one of our trade mark lawyers today about protecting your intellectual property.
Sydney-based trade mark specialists helping companies all over Australia protect their intellectual property.
Based in Sydney
Our team of Sydney-based business lawyers are based in the CBD.
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Schedule a free chat.
Questions about Trade marks in Australia? Schedule a free virtual consultation with one of our knowledgeable trade mark lawyers. We have extensive experience in this area and can help guide you through the entire process.
Fill in our contact form and one of our team will be in touch. You can also phone 1300 149 140 during standard business hours.
Why is trade mark registration important?
Many businesses don’t realise that your registered business name provides you with minimal protection, however, trade mark registration permits you to take legal action against infringers or imitators attempting to profit from your company’s goodwill. To be certain, registering both your business name and your business mark ensures that the time and money you spent designing your intellectual property is not wasted.
The advent of internet and social media has made infringement online commonplace. It may be that competitors try to use your mark to sell their own products and services or everyday consumers may confuse someone else’s (lower quality) products with your own, possibly damaging your goodwill and, ultimately, your income.
If you have worked hard to develop a sound reputation for service and quality product – and this has created a loyal customer base, then protecting your trade mark is essential to increase your goodwill and your reputation.
Book Your Trade mark ConsultationHow do I register my trade mark?
Before you even consider filing a trade mark application, it is essential you conduct a comprehensive search of all of the relevant Australian trade mark databases.
This search will reveal (first and foremost) whether your mark is available for registration by highlighting marks that are either identical or may be confused with your mark. If you discover another company does hold ownership of a similar mark, it may be difficult to register your own. You also need to be aware that while you are conducting this search, the registered owner of the similar mark has the option to take legal action against you for infringing upon their rights.
If you do move ahead and have submitted application with IP Australia, it will be examined for eligibility for registration. To move to the next stage, your application will need to include an accurate description of goods or services; have nominated the appropriate ‘classes of goods or services’ and outlined the intended use for the mark.
If your application is accepted, it will undergo a period of opposition, during which any other party can oppose your eligibility for registration. If your mark passes this period unopposed you will proceed to registration and be granted rights as a trade mark holder.
Register my Trade mark
Frequently Asked Questions about Trade marking in Australia
What rights do I have once my mark is registered?
- You can now prevent online offenders from advertising under your mark or using your trade mark terms in their advertisements
- You can control whether other parties can claim association with your company
- You can take legal action against other parties using your mark on their own products and services
- You can prevent other parties from setting up businesses under your trade marked name
- You can prevent other parties from developing marketing material with your trade mark on it.
What is a trade mark?
A trade mark is a sign used to distinguish goods or services of a business from those of other businesses. It can be a word, phrase, logo, design, or combination of these.
Why should I register a trade mark in Australia?
Registering a trade mark in Australia provides exclusive rights to use the mark in relation to the goods or services covered by the registration. It also makes it easier to take legal action against anyone who infringes on your trade mark.
What are the requirements for trade mark registration?
To register a trade mark in Australia, the mark must be distinctive, not descriptive or generic, and not similar to existing trade marks in the same or similar classes of goods or services. It also must be used or intended to be used in trade.
What should I do if someone infringes on my trade mark?
If someone infringes on your trade mark, you should seek legal advice from a trade mark lawyer. They can help you take action to stop the infringement and protect your rights. You may be able to obtain a court order to stop the use of the infringing mark and receive damages.
How long does a trade mark registration last?
A trade mark registration in Australia lasts for 10 years from the filing date, and can be renewed indefinitely as long as the mark is still being used.
How long does the trade mark registration process take?
The registration process typically takes 7.5 months in Australia, but can take longer if there are objections or oppositions.
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