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.
Many wrongly think an ASIC registered business or company name provides rights to a brand! It doesn't.
If you are concerned with your business, brand or are about to start a business, please fill out our trademark form.
Our research goes beyond any clients, for example, these two are in conflict:
- Kre8tive at Work
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 month? Why stress over the fact that your Registration could be removed by the Courts because you didn't know Trademark laws like we do?
If a Court holds that you were not entitled, then they will order IP Australia to remove your Registration, leaving you to pay for compensation claims.
BEFORE YOU TRADE
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 for a trademark, their name and address are published online.
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 Trademark Applications.
Our Trademark Attorney research covers a great deal more in identifying conflicts.
The Trademark Office process whilst good, has many limitations, including:
- Taking 8 months (minimum).
- No warranty on their assessment.
- They don't carry liability for approving rights in error.
- Endorses using Trademark Attorneys.
- Publish applications which may raise issues with the owner of a similar trademark.
See an example where D.I.Y problems results in removal of rights, and compensation claims here: Facebook News Page.
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.
Our leading firm has a Patent Attorney with 30 years experience.
DID YOU KNOW?
Successful trademarks can be licensed for a fee, earning you passive income.
Represented businesses have fewer legal errors which can render a trademark invalid.
Many are unaware that a trademark can have different protective values, based on experience (0%, 5%, 80%, etc).
Protective value is the ability to stop a competitor.
It depends on the quality of the trademark's legal content and whether it could be contested by rivals who have a better case to argue for ownership.
This value is NOT assessed by the Trademarks Office, and is a hidden disadvantage for the unrepresented.
Also, many legal errors cannot be "fixed" later, and are found when it is all too late.
SELLING A TRADEMARK?
One day you may be approached for purchase of your trademark rights.
Before the deal is finished, the quality of the rights should be checked by a Trademark Attorney.
Poor quality trademark rights will cause a buyer to walk away.