A trademark is a word, symbol, logo or phrase that identifies a business, its services or its products. It is what defines a business from others and forms part of a business’s intellectual property (IP).
A business name, company registration or domain name does not automatically allow you to use that name as a trademark. Only a registered trademark can give you a proprietary right to exclusive use, license and sell the business name.
This means no one else in Australia (or overseas) can commercially use your trademark for the same goods or services you have it registered for. It takes legal precedence over both a business names, company registration or domain names (regardless of when they were registered).
If you don’t register a trademark, another trader could register your business name as a trademark for their goods or services, thereby preventing you from using it. Once registered, the trademark is protected in all Australian states and territories for an initial period of 10 years.
Our service includes a fixed fee for the professional services connected to the advice, preparation and lodgement of a trademark application with IP Australia. We also regularly advise businesses in relation to passing off and misleading and deceptive conduct claims that arise from both registered and unregistered marks.
Some of the other services that we provide include trademark searches (for other competing trademarks), licensing, opposition and assignment of trademarks, together with taking enforcement action and defending matters from competing trademark owners. We can even assist you in overcoming examination objections from IP Australia to secure trademark registration in Australia (and overseas).