Trade Marks

WHY REGISTER A TRADE MARK?

A brand is a significant asset of any business and its value grows as the business grows.

A registered business name is a legal requirement to trade but confers no proprietary rights or protection for the brand or trading name. In effect you cannot stop someone else from trading under a name that is identical or very similar to your business name, simply because you have a registered business name.

A registered trade mark gives you ownership rights and allows you to cost effectively prevent others from using the same, or a similar mark or brand, to yours.

The use of a trade mark for goods or services adds to their value. A trade mark can be in the form of a word, phrase, letter, number, sound, scent, logo, picture, symbol, shape, colour or aspect of packaging or any combination of these.

The protection afforded to a registered trade mark is confined to the goods and/or services for which it is registered. The description of those goods and/or services, at the time of application, is therefore a critical aspect of the application process. The goods and/or services are classified by reference to 45 classes under an international convention, the Nice Agreement. The registration fees and our professional fees are determined by the number of classes applicable to the goods and/or services selected. In most cases between one and three classes are sufficient to provide the necessary protection for a trade mark.

WHY USE US?

Our trademark lawyers are experts in trade mark law and are committed to providing one on one personalised service.

Lord Commercial Lawyers provide trade mark registration services on a fixed fee basis. Our trademark lawyers can offer their professional services to register one trade mark in one class for a fixed fee of $1,300 inclusive of all official fees and GST.

AUSTRALIAN TRADE MARK APPLICATIONS

IP Australia maintains a database of all registered trade marks and  applications for registration. Our trademark lawyers can search this database as a first step in determining whether or not your proposed trade mark is registerable or if it might be refused on the basis of it being identical or confusingly similar to an existing registration or application.

Upon registration the trade mark is protected for 10 years from the date of application and can be renewed indefinitely for ten year periods. A trade mark is registered throughout Australia.

MADRID TRADE MARK APPLICATIONS

The Madrid Agreement or the Madrid Protocol, member countries have agreed to accept applications for registration of trade marks in their territory by the lodgement of a single application in the trade mark owner’s home country. This type of trade mark application is referred to as a Madrid Application.

A Madrid Application in Australia is made by the trade mark owner filing an application with IP Australia for registration in Australia and nominating from one to 135 other countries. The trade mark application is then examined and processed in the relevant trade mark office of each nominated country. Some countries may accept and some may reject the trade mark based on local laws and prior similar trade marks. A separate fee is payable for each nominated country however, the total cost is significantly less than if a separate trade mark application was filed in each country.

We can prepare a Madrid Application on a quoted fixed fee basis once the required countries have been decided upon in consultation with the trade mark owner.

INTERNATIONAL TRADE MARK APPLICATIONS

As an alternative to a Madrid Application, or in the event the desired country is not a signatory to the international conventions (eg: India), we can assist you in filing your trade mark application directly in that country.

For more information contact Andrew Lord at andrew.lord@lordlaw.com.au or on (03) 9600 0162.

 

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