TRADE MARK REGISTRATION IN AUSTRALIA
Our services include the professional preparation of applications for trade mark registration. We can assist you in overcoming examination objections to secure trade mark registration in Australia, New Zealand and overseas.
We can assist you with:
- Trade mark searches;
- Trade mark application preparation and lodgment;
- Trade mark opposition and enforcement matters;
- Trade mark assignments;
- Trade mark co-existence and licensing agreements; and
- Trade mark watching/ trade mark monitoring services.
Why Trade Marking is Important
As you may know, trade marks, e.g. brands and logos can be very valuable. After all, the brand name by which you ask, or search, for a product often means a sale for the company that owns that name. Trade mark registration is the legal mechanism for securing ownership of trade marks.
In order for you to grow your client base through word of mouth, customers and potential customers must be able to give the name of your business or product to other potential customers. What’s more, the potential customers need to be able to remember your name and not confuse it with that of other traders.
If a potential customer confuses your name with another trader’s name, then you are likely to miss out on a sale.
So you see, the goodwill that a business enjoys is intimately connected to the reputation that it has and the penetration of its name through the potential client base. It’s also extremely important that the business actually owns the trading name, and that’s where trade mark registration comes in.
Understanding Naming Regimes
You are probably aware that in most jurisdictions there are many naming regimes. By that we mean such things as, business name registration, company name registration, and domain name registration.
What you mightn’t realise though is that none of those regimes actually give you a right to stop other traders from using your trading name in respect of the goods and services that you trade in. Also, your registration of a business name with ASIC doesn’t equate to a guarantee that you won’t infringe someone else’s rights if you use your business name.
Under the Trade Marks Act, only the owner of a registered trade mark has the right to use the mark, in respect of the products for which it is registered, or authorise other persons to do so.
Lapsed and Expired Trade Marks
A trade mark application or registration may lapse or expire due to various reasons, such as failing to respond to an adverse examination report, missing the renewal deadline, or abandoning the trade mark. If this happens, you may lose the protection and benefits of your trade mark, and other traders may be able to use a similar mark legally.
However, depending on the circumstances, you may be able to revive a lapsed or expired trade mark application or registration. We can help you with managing your trade mark portfolio and ensuring that your trade marks do not lapse or expire unintentionally. We can also assist you with reviving your trade mark if it has lapsed or expired, and advise you on the best course of action to protect your valuable IP assets.
How We Can Help You
Our registered trade mark attorneys have drafted and successfully lodged hundreds of trade mark applications in Australia and throughout the world. We can help you in all aspects of trade mark work including:
- Preparation of trade mark applications and assistance in securing trade mark registration in Australia, New Zealand and internationally
- Infringement and registrability searches and advice
- Advice in relation to Passing Off and Misleading and Deceptive Conduct
- Oppositions to registration of trade marks
- Removal of conflicting trade marks from the register for non-use
- Assignment and licensing of trade marks
- Advice in relation to the correct use and maintenance of trade marks
Trade Mark Watching Services
Once your trade mark is registered we can offer you trade mark watching services. We can tailor our trade mark watching services to suit your needs. Trade mark watching services are an efficient way for trade mark owners to monitor the actions of competitors and may also help to identify potential infringers, as well as ensure the continued strength of registered trade marks.
Portfolio Management
If you have a large or growing trade mark portfolio, we can help you manage deadlines, renewals and advise you on how to best maintain strong trade mark protection for your valuable IP assets.