What is a trade mark ?

A trade mark is used to promote and identify the owner’s goods and services and to enable the public to distinguish them from the goods and services of other traders. The broadened definition of a trade mark may be any sign that is visually perceptible and capable of being represented graphically and may, in particular, consists of words, business name, personal names, letters, numerals, smell, logo, sound, picture, shape, phrase, figurative elements or combination of colours, and includes any combination of such signs. A sign may include 3 –dimensional shapes. However, a sign must be represented in a form which can be recorded and published, such as drawing, a decryption.

Benefits of registration of a trade mark

Trade Mark registration in Australia provides an applicant with Australia-wide exclusive rights to use that Trade Mark in relation to the goods and services applied for. The registration of trade mark gives an owners the right to prevent third parties from using his marks, or deceptively similar mark, without his consent for the goods or services for which it is registered. He can prevent other persons from using the marks is relation to goods or services for which his mark is registered or in relation to similar goods and services. Registration therefore gives a right of ownership which is easier to establish than the common law rights.

A successful registration will give you:

·         exclusive rights in relation to your trade mark for 10 years, which may be renewed. If an infringement of a registered Trade Mark occurs a successful applicant may be entitled to statutory remedies including damages, legal costs and interest.

·          a  valuable asset capable of being sold, assigned or licensed.

·          the ® symbol is only able to be used in respect of registered Trade Marks. It is unlawful to use the ® symbol for an unregistered Trade Mark.

How Can We Help?

We can assist you at any stages of the process. 

Search stage

You’d be well advised to conduct trade mark availability searches to determine whether using it may risk infringing another person's trade mark. The searches also give you a good indication of whether your trade mark may itself be registrable.We conduct trade mark search and produce reports (at  reasonable costs. Basic search The limitation of this search is that it is only of the Trade Marks Register (a search of the Trade Marks Office database only)  and will not identify any existing unregistered trade marks which may be in use within the Australian market place.   Full Search  The full search is an exhaustive trade mark search with respect to your trade mark to determine whether any deceptively similar trade marks, business names, company names , domain names exist which may be obstacles to trade mark registration or assert mark infringement against you n the future.

Filing and examination stage

If the trade mark is of no potential conflicts of existing trade marks then we can help to proceed with the filing of your trade mark. Once the application have lodged with Australian Trade Mark Office, an application number is allocated to the trade mark application. The priority date is the date that the trade mark is taken to be registered from. The trade mark application is then examined by the Examiner who determine whether or not the trade mark is acceptable for the purpose registration under the Trade Mark Act If there are  any problems of the trade mark application with the existing similar registered trade mark on the trade mark registrar, an adverse report will be issued by the Examiner. You are then given an opportunity to respond to the Examiner’s report.

We can also assist you if any objections are raised in relation to your trade mark application by the trade mark office or third parties. )

Registration stage

If your trade mark pass the examination stage and no opposition raise from third parties, then we can assist you to register your trade mark before Australian Trade Mark Office. A trade mark registration initially lasts 10 years from the date you filed the trade mark application.

Renewal

The life of a trade mark is indefinite, and may last so long as the trade mark is used correctly to distinguish the goods or services of the owner in the course of trade. It can be renewed indefinitely by paying renewal fees. The life of a trade mark registration is therefore potentially unlimited.

International Filing

The granting of an Australian Trade Mark does not prevent anyone from using the same trade mark overseas. If you require overseas trade mark protection, then we can attend to the filing of trade mark applications in any country having trade mark registration laws through our comprehensive network of overseas associates.

The Madrid Protocol provides a means of seeking trade mark registration in multiple countries by way of a single application. It provides a simpler and less expensive means of initiating applications in multiple countries. It also allows for the renewal of registrations in multiple countries in a single step. 

The European Community Trade Mark System is another means of seeking registration in multiple European countries initiated by a single application.