Our trademark services make you stand out amongst your competitors and ensures that consumers identify your products and services from those of your competitors. It is important to properly register your trademark in order to protect your own unique brand, as well as your goodwill. Our trademark services protect you from competitors gleaning business off of your success through the unlawful use of your mark.
Your trademarks can include your business name and logo, as well as shapes, colours, scents, images, and packaging, so long as these things uniquely identify your products and services. A trademark can be recognised by the use of the following symbols:
- The trademark symbol ‘™’, which can be used for an unregistered trademark that is used to market goods or services.
- The registered trademark symbol ®, which can only be used once a mark has been successfully registered with IP Australia. It is unlawful to use this symbol in association with an unregistered mark.
We believe that providing comprehensive, start-to-finish trademark services is important in order to see clients through to the final stage of trademark applications – trademark registration. Our trademark services include trademark searches, applications, and registrations. We also offer assistance in trademark infringement cases, opposition matters, and much more.
Not only do we provide Australian registration trademark services: we can also assist you with international trademark registration matters. We can provide you with advice and information on adverse reports, international infringement issues, international opposition by third parties, and more.
Some of our basic trademark services include:
- Conducting basic trademark searches and comprehensive trademark searches before filing trademark applications.
- Preparing and filing both Australian and overseas trademark applications.
- Responding to adverse reports issued by IP Australia.
- Monitoring your marks for unauthorised and unlawful use.
Registering Your Trademark: A Simple Guide
- Conducting Appropriate Trademark Searches: These searches ensure that your trademark does not infringe on other parties’ trademark rights. Trademark searches will also give us an indication of whether your mark can be successfully registered. The time frame for conducting a trademark search in Australia is approximately 1 week for a comprehensive trademark search and 2 business days for a basic trademark search.
- Lodging Your Trademark Application: This step only takes between 1-2 days. During this time, we review your business, draft a trademark portfolio to minimise your risk of rejection or infringement, and file your application with IP Australia.
- Application Examination: Now your application is considered by a team of examiners. If your application is successful, your application will undergo a period of objection, during which other parties may oppose the registration if they believe they have reason to do so. If you encounter objections or oppositions we will discuss these with you, along with your options to move forward and our opinion on successfully registering your trademark. No additional fees will be charged until you authorise us to proceed on your behalf.
- Trademark Registration: Registration is a lengthy process, and it will take at least 7 months from start to finish to register your trademark. We handle all of your registration paperwork, ensure that you know about all applicable deadlines, monitor for oppositions, and forward your trademark registration certificate when registration has been finalised. We will also send you a reminder to pay your trademark renewal when the time approaches.
Additional Trademark Services
There are a wide range of trademark services that we can offer you, including:
- Information concerning infringement
- Advice and assistance in relation to opposition
- Trademark licensing advice and agreements
- Advice concerning the assignment of trademark ownership
- Comprehensive trademark searches
- Preparation and filing of applications
- Trademark opposition and non-use issues
- Registration finalisation and the obtaining and issue of certificates
- The preparation, as well as filing and management, of Madrid Protocol applications
- Prepare, file, and manage international applications
- Responding to adverse reports
- The conciliation and expenditure of trademark-related disputes
- Organization of your Australian and overseas trademark portfolios
- Monitoring for infringement and trademark renewal
We can also offer these trademark services:
- Process your application through to grant: This includes providing you with advice in response to examiner’s reports or office actions, and filing a subsequent response to overcome grounds for rejection.
- Block Opposing Applications: We can assist you in preventing a competitor from registering a similar mark, or help you defend your mark against a block filed against your registration application.
- Provide advice on infringement and freedom to operate: We can assist trademark holders who want to make infringement claims, or assist businesses aiming to avoid unlawful infringement against another registered trademark holder.
- Easy payment plans: We can assist in the timely payment of trademark renewal fees.
Not only do we directly handle Australian trademark services matters, but we can also file and manage overseas applications through a network of international associates, or through the Madrid Protocol. When we file though our associates, we are able to not only meet the requirements of international filing, but we can also use our overseas associates’ knowledge of their own native trademark laws and systems.