WHAT IS A TRADEMARK?
A trademark can have many forms, including a person’s name (first name, surname or both), website name, business or company name, letter, number, word(s), sound, smell, shape, logo, picture, moving image, aspect of packaging, or combination of these.
DID YOU KNOW?
Successful trademarks can be licensed for a fee, earning you passive income.
Many wrongly think an ASIC registered business or company name provides rights to a brand! It doesn't.
HAVE A LOGO?
If you are confused, then the best recommendation is to follow our how to trademark logo guide, click here.
Why wait for registration in 8 months when it can be removed by the Courts, if it is found that you should never have been approved?
If the Courts agree that you were not entitled to a Registered trademark, then they will order IP Australia to remove your registration, leaving you open to compensation claims.
In just two weeks (or sooner if required), our detailed trademark infringement investigation assesses whether you can legally own the brand, OR if you can be sued for trading with it.
We look further to minimise risk and ensure you have clear ownership of a Trademark, before you apply.
BEFORE YOU TRADE
Trademark applications can alert a competitor to your infringement, so have your brand assessed before applying.
DON'T ALERT RIVALS
Another risk when unrepresented businesses apply, is that their name and address are published online (in a week) by the Trademarks Office.
This allows rivals owning similar trademark rights to find you and unwanted legal trouble, such as compensation demands, Court Action, and demanding letters seeking the closure of their business.
THE TRADEMARK OFFICE
The Trademark Office assist by searching & assessing your Trademark Application.
Our Trademark Attorney research covers a great deal more in identifying conflicts.
Some facts regarding the Trademark Office process are detailed below:
- Takes 8 months (minimum).
- Unregistered trademark rights are not reviewed.
- They do not warranty their assessment, so you wear the risk, even if they approved rights in error!
- They endorse that Trademark Attorneys be used.
- Publication of your application may raise conflict with the owner of conflicting trademark rights.
Our leading firm also has a Patent Attorney with 30 years experience.
Represented businesses are unlikely to have legal errors, and are likely to achieve greater "protective value".
Many unrepresented businesses are unaware that their trademark application can have different protective values (0%, 5%, 80%, etc).
Protective value is the ability to stop a competitor. It depends on the quality and legal content of the trademark application. Value is not assessed by the Trademarks Office, and is a disadvantage for unrepresented businesses.
Legal errors usually cannot be fixed later, and errors may allow a competitor to copy without infringement.
SELLING A TRADEMARK?
One day you may be approached for purchase of your trademark rights.
Before the deal is completed, the quality of the rights will be checked by a trademark attorney.
Poor quality trademark rights will cause your buyer to walk away.
SCAMMERS TARGET DIY:
Your name and address are published online by the Trademarks Office.
When you are represented by our trademark attorney firm you can safely ignore scams and know you haven't missed authentic correspondence.