Taking your intellectual property to the next level.

Trademarks – Patents – Designs – Copyright

About us


Who we are

Atkinson IP is a full service intellectual property firm serving overseas and local clients from Sydney Australia. We understand that intellectual property is one of your business' greatest assets. We strive t serve our clients to meet their needs to protect their competitive position, securing revenue streams and recognisition of intellectual ingenuity. The firm is managed and led by a qualified solicitor and barrister of the Supreme Court of New South Wales, Federal Court of Australia and solicitor and barrister of High Court of New Zealand of over 10 years of experience in the field.

Defines what we do

Our experienced trademark agents and trademark consultants understands trademark requirements and developments in Australia and New Zealand. In association with Atkinson IP Lawyers, our firm can provide up-to-date advice in the commercialization of intellectual property as well as full litigation support for our clients. Our services range from intellectual property management and registration services relating to patents, trade marks, designs and copyright, professional advice and IP research. We also work with foreign associates so that your intellectual property is appropriately protected worldwide.

Making a difference

Our experienced registered trademark and patent attorneys, lawyers and intellectual property consultants are well trained to look after intellectual property work. We believe in effective communications as a key to differentiate ourselves from others. We always respond to our clients’ needs as top priority and deliver solutions to meet our clients’ needs in an efficient manner. Our highly personalised services are offered at competitive rates. We ensure that our work is highly efficient and can meet critical deadlines and dates. Contact us today.

Our Services

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Trademark

A brand protection strategy is integral to your business. Start protecting your brand today with the help of Atkinson IP's consultants and lawyers. We can assist in the preparation and prosecution of trademark applications and infringements, and give expert advice on your trade marks to ensure maxmum protection of your brand. See more >>

Patents

Our patent attorneys can advice you in all aspects of your patent matter. Our expertise and knowledge covers a broad range of innovations including, life sciences, biotechnology, pharmaceutical, medical technology, resources, software and computing, mechanical and electrical engineering fields. Protect your innovation and ensure your R&D stays at the forefront of its kind.
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Copyright

Copyright protection extends to protecting your expression of ideas, such as literary and artistic works, technical or architectual drawings, business plans, video and sound recordings and many others. Our services include include copyright protection, licensing and remedial action in lieu of infringements.
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Designs

If you are seeking legal protection over the appearance of a product, our experts can assist in the prepartation and filing of documents and drawings, prosecution of design applications and in conducting searches related in your design. We also provide representation at the Design Offices of Australia and New Zealand.
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Trademarks


The Application Process:
1. Trade mark search
2. Complete and file the Application
3. Examination
4. Respond to objections, if any
5. Acceptance
6. Registration

A trade mark is an essential asset as a tool for marketing your products or services, offering protection for your brand in Australia. As a member of the Madrid Protocol, protection of trademarks in Australia can be sought in one, some or all other member nations. However not all marks are registrable under the Trade Mark Act 1975. To be registered, a trade mark generally cannot be: descriptive or laudatory of your goods and/or services; too similar to another trade mark on the Register; a common surname; a geographical place name. It is therefore important to search the mark before applying for the registration. We advice our clients to consult with us the registrability of the mark and to do a search prior to filing a registration application. Atkinson IP's team of consultants can assist you in ensuring the most appropriate part of your brand is trade marked and that it adequately covers your sphere of operation currenlty and in the future.

Following losdgement of the application, the Trade Marks Office will examine it usually within 2-3 months. The Examiner will take into consideration for any prior registrations, determine whether your trade mark is sufficiently distinctive and the application complies with the other rules regarding commercial or legal registrability. If your trade mark is accepted, it will be in the Trades Marks Journal with a three month window in which other parties can formally oppose the registration of the mark.If there are no objections, your application will be accepted and a registration fee is paid. A trade mark registration is initially valid for ten years and renewal fees are payable before expiry. Atkinson IP can assist your trade mark protection from initial filing to renewal procedures.

Often a trademark application can be refused by the Registrar or opposed by third parties before proceeding to registration. Our exeperts will work with you to overcome objections when possible, by amending applciations, argument and/or the filing of evidence of use of the trade mark.

Opposition proceedings and defending actions or trade mark removal are also prevalent in trademark matters. Our firm's services extend to litigation proceedings for trade marks, searching and watching services, as monitoring infringements are important in the protection of rights of owners of intellectual property.

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Patents

Patented inventions and innovations can be derived from diverse areas and fields, such as but not limited to technical inovations, business models, manufacturing systems, infomration technology systems, abstract models, science and engineering processes. Our experienced patent attorneyss have an indepth knowledge of all aspects of intellectual property law and work with consultants with technical qualifications. In conjuntion our teams work together with you to expertly handle your technology and patent drafting needsto ultimately protect your invention.

Australia is a member of Patents Cooperation Treaty, and Patent protections in Australia are governed by the Australian Patent law. If your invention can be used to develop an application or product, the inventor can exercise a limited onopoly over a unique patent if it becomes legally protected; this can become a strategic and powerful tool of commercialisation. However, it is important to note that you must apply for a patent before the idea is publicly exposed, or it may not be considered new and thus rendered unpatentable. IP Australia examines all patent applications of inventions to ensure that it is new, inventive and useful.

Atkinson IP can provide you assistance in all aspects of patent matter from patent registration to enforcing patent and associated rights:
• Advice of the patentability of an invention
• Conduct searches
• Prepare, draft, file and prosecute patent applications
• Patent watching services
• Handling patent oppositions, disputes and infringement
• Patent litigation
• Patent validity investigations
• Patent infringement investigations
• IP portfolio management

Standard Patents:
A standard patent lasts for 20 years, with annual maintenance fees paid from the fifth year.

Innovation Patents:
Innnovation patent initially is for two years from the date of filing with renewal fees after the time period. Innovation patent lasts for eight years and provides a quicker and less expensive means of protecting inventions with a short commercial life.

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Designs

Your designs can be protected in Australia under the Design Act 2003, which provides both enforcement and dispute resolution procedures. A registered design is a legal right which protects the overall visual appearance of a product, which may have industrial or commercial use. Registrable designs must have features of shape, pattern, or ornamentation, which are present in the product and which must be apparent to the eye. The registration and certification of a design will grant the owner of a Design the right to use, make, and sell products under the registered design for a period of up to ten years.

The applicant must must be the designer or author of the design, or someone who has received the design rights from the designer. A design application must be filed prior to the design's exposure in a public manner, such as in any forms of commercial dealing; otherwise valid design protection may no longer be possible. Once a design application has been filed, the design can be used for commerical purposes. Design protection procedure involves filing and a request for registration. This can be done in conjunction with the the design application or no longer than six months from the earliest priority date (usually the filing date) and filing date. Follwoing logement of the registration request, the design will proceed to registration. The registration cannot be enforced until it has been examined and certified.

Atkinson IP can prepare and file all documents and drawings, handle objections from the examination of your application by the Designs Office. In addition, our services include:
• Provide advice and assistance in litigation for registered designs
• File, prosecute or defend opposition or cancellation proceeding
• Conduct searches of all types, including newness, subject matter, infringement and name index searches
• Monitoring designs and design applications
• Renewal (maintenance) procedures

The initial period of registration for your design lasts for five years from the date of filing. For a design to be enforceable, it must have been examined and is found new and distinctive. Not all designs and registrable and some are forbidden by law. If a design application passes the formalities check, the design will then be registered and published.

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What our clients say

Client Testimonials
  • I am thoroughly impressed by Atkinson IP's professionalism and service. Efficient communication and a willingness to get things done quickly without compromising on quality or customer service really enhanced our expereince with the firm.

    • Admiral Trademarks Pty Ltd
  • Organised and precise instructions and explanations. We look forward to working with you in the future!

    • ModLite Designs
  • The consultants and attourneys are highly competent, thank you for your guidance, expertise and knowledge.

    • GCN
  • Atkinson IP have provided us tailored solutions, they have assisted us in a number of trademark cases for my international clients. Professinal and quick to meet deadlines, we look forward to doing business with you in the future.

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    • Alliance Lawyers Pty Ltd
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Get in touch



Main Office
Atkinson IP
P O Box 967
Hurstville BC
Sydney NSW 1481
Australia
P: 61-434865368
F: 61-285805688

Email
info@atkinsonip.com

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