Registering a trade mark in australia

If you want to distinguish your goods, services (or both) from those of another business, you may need a trade mark. Find out what trade marks are and what’s involved in the application and management process. The owner of a trade mark can apply for its registration.

Protecting your trade mark will protect the identity of your goods and services, and prevent others from imitating your brand. To search for words in trade marks, type the relevant words into the search box. Note: Word searching is very precise.

An effective trade mark search should consider slight variations of your trade mark, including plurals, common misspellings and trade marks that sound or look very similar. The Deputy Registrar found Cadbury had used the mark as a trade mark, and that the extensive advertising and promotion in that period had educated the public to recognise purple as Cadbury’s trade mark in respect of certain chocolate goods. The decision is under appeal. A registered trade mark gives you the exclusive legal right to use, license and sell your intellectual asset in Australia.

Registering a company name, a business name or a domain name does not give you exclusive rights to use that name. In Australia, the first to use a mark or the first to file for registration, whichever is earlier, is the authorized and legal owner of the trademark. More so, common law rights are acquired through use of a mark. Unlike in Australia, use of a mark within the US market must be approved before the application proceeds from examination to final trade mark registration.

If you are an Australian company with a registered trademark through IP Australia, you may like to apply to the US through the International Madrid Registration system.

Every trade mark is examined by IP Australia to ensure it meets the requirements for registering a trade mark in Australia. If there are any issues raised by IP Australia during the examination of your application, we will forward the report with our advice (for free) an if any substantial action is require a fixed fee quote for you to approve. Welcome Trade Mark Lawyers and Attorneys Australia. Selfmark offers choice and flexibility to meet the needs of your business.

Our philosophy involves sharing our knowledge and experience to empower you with the skills to take self control over your trade mark portfolio, resulting in cost savings to your business. A good way to distinguish your business from others. Registering a trade mark can give legal protection to the components that represent your brand – names, logos and taglines. How long does it take to register a trade mark in Australia ? Successful registration takes a minimum of seven and a half months, and must be renewed every ten years, in order to remain a registered trade mark.

There are different processes for registering EU and international trade marks. Your registered trade mark can be used to prevent the infringing use of a company, business or product name. Third parties may be encouraged to re-brand away from your registered trade mark , rather than risk an allegation of infringement.

In Australia , there is no legal requirement to use a registered trade marks attorney to handle your trademark application. However, unfortunately many online trademark services are run by inexperienced individuals, potentially resulting in the loss or limitation of your trade mark rights. Trademarkings is an innovative trademark attorney firm that is leading the charge in modernising law firms. Legal services, just like many other industries, is being revolutionised by the digital age.

A trade mark is a way of identifying a unique product or service. When you register a trade mark , you get exclusive use of the trade mark throughout Australia. This means you get a legal right to take action against any other business that tries to use the trade mark to provide goods or services similar to the goods or services your business provides.

Trade mark registration provides the trade mark owner with exclusive rights for a period of years. If an infringement of a registered trade mark occurs a successful applicant may be entitled to.