trademark lawyer Melbourne

What is a trademark and why should you register a trademark?

A trademark is a name or symbol that identifies your business. A trademark is a significant asset of any business and its value grows as the business grows. Brand protection of your intellectual property is critical.  We are trademark lawyers based in the Melbourne CBD, and our team have the experience to work with you to register and protect your trademark.

What is the difference between a business name and a trademark?

A registered business name is a legal requirement of the Business Names Registration Act which you need to trade, but confers no proprietary rights or protection for your 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 name 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 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 a critical aspect of the application process. Your goods and/or services are classified by reference to 45 classes.  As expert trademark lawyers, we are able to give you legal advice on the right class to protect your trademark rights. 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 trademark law and we have helped hundreds of business owners register their trademark. We can manage the entire registration of your trademark and are committed to providing one on one personalised service to our clients.

Lord Commercial Lawyers provide trademark registration services on a fixed fee basis.

AUSTRALIAN TRADEMARK APPLICATION

The first step in registering a trademark is to ascertain whether it has already been registered. IP Australia maintains a database of all registered trade-marks and applications for registration. Our trademark lawyers search this database to determine 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.

If it is available, a trademark application is lodged. Once the application is lodged it is then assessed. This takes about 3 months. If the application is accepted, this will be advertised and there is a 2 month objection period. This gives other parties an opportunity to object if they believe the trademark infringes on their IP rights. 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.

REGISTERING YOUR TRADEMARK IN OTHER COUNTRIES

The Madrid Agreement or the Madrid Protocol, is an agreement by which member countries have agreed to accept applications for registration of trade-marks in their territory by the lodgment 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  for registration in Australia and nominating from 1 to 135 other member countries. The trademark application is then examined and processed in the relevant trademark 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, we can assist you in filing your trade-mark application directly in that country.

OTHER INTELLECTUAL PROPERTY

Trademark protection is only one strategy for protecting your intellectual property.  As intellectual property lawyers, our law firm can also provide legal services on trademark searches, trade secrets protection, confidential information and design applications.

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

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