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Trade Mark Attorney Brisbane.

A Trade Mark is a unique mark that identifies and distinguishes your products or services from those of competitors. A Brisbane trade mark attorney can assist you with the registration of a trade mark, granting you the exclusive right to use the trade mark.

Looking for trade mark services? Our trade mark attorneys are experts providing representation for all registration, maintenance and enforcement matters.

What is a Trade Mark?

A trade mark may be any sign used to signify that products or services originate from a certain person or company, that they are authorised by that person or company, or that they are of a particular quality.

A trade mark may be:

Word or Words

Slogan

Logo

Packaging

Colours

Shapes

Sounds

Smells

Useful Links:

  • Obtaining trade mark protection in Australia and/or overseas
  • Australian trade mark application process 

If you would like more information about trade mark protection for your brand, please contact our Brisbane trade mark attorneys at Kings Patent & Trade Marks Attorneys to arrange a free consultation. We can walk you through the business trade mark registration process and help you understand how to register your trade marks both within Australia and internationally.

Understanding Trademark Law

Trade mark registration or brand registration Australia wide is separate from the registration of a business or company name. Registering a business name generally does not afford the name’s owner any right to that name or immunity from trade mark infringement by others. 

A trade mark business name can be one of the business’ most valuable assets, representing the goodwill and reputation it has built over time.

Our team of Brisbane trade mark attorneys are experienced in providing trade mark advice, enforcement and portfolio management to some of Australia’s most successful companies. We are also experienced in resolving trade mark business disputes and oppositions, with our trade mark attorneys providing a strong focus on practical commercial outcomes.

Original Vegemite tin | Kings Patent & Trade Marks Attorneys

Pictured: Vegemite has been a pantry staple in Australian households for almost a century.  The Vegemite trade mark dates back to 1923.

Trade marks are registered with respect to specific goods and services. For the purposes of registration, goods and services are separated into 45 classes. An application may nominate goods and services falling into one or more classes. The cost of an application is dependent on the number of classes nominated.

After an application has been filed with the Trade Marks Office, it will be examined by a Trade Marks Examiner. To be registrable, a trade mark must satisfy two main requirements:

  1. The trade mark must be distinctive, or at least capable of becoming distinctive. It must be capable of distinguishing your goods or services from those of others. It should therefore not be generic, or descriptive of the goods or services.
  2. The trade mark should not be substantially identical or deceptively similar to any earlier trade mark (including both registered and pending trade marks) in relation to the same or similar goods and services. Further, the trade mark must not be confusingly similar to a trade mark for which another trader has acquired a reputation in a similar field of business.

Where the Trade Mark Examiner raises objections, a period of 15 months is allowed to overcome them, such as by submitted argument, amending the application or submitting evidence to support your application. Extensions of time may be available but will incur extension fees.

If the examiner raises no objections, or if the objections are overcome, the application is accepted. The acceptance is advertised in the Official Journal of Trade Marks. Within two months of the acceptance advertisement, any person may oppose the registration of the trade mark.

Should anyone oppose the registration, both the applicant and opponent are given the chance to lodge evidence and be heard by a Delegate of the Registrar of Trade Marks. In most cases, trade mark applications are not opposed.

If there is no opposition, or if the opposition is unsuccessful, the trade mark will proceed to registration. The initial term of registration is 10 years from the date of filing of the trade mark application.

The trade mark registration can then be renewed indefinitely for 10-year periods.

Should a trade mark go continuously unused for three years (in relation to the goods and services for which it is registered), any third party may apply for the removal of the trade mark on the grounds of “non-use.”

Most foreign countries have laws which permit the registration of trade marks. It is strongly recommended that trade marks be registered in each country in which they will be used or licensed. Nationalising your trade marks is important for a number of reasons:

  • In foreign countries, it is generally more difficult to rely upon common law rights to protect an unregistered trade mark
  • Many countries use a “first to file” rule where the first person to file a trade mark application is entitled to registration, excepting where there is earlier use of the same mark by another party
  • Registration provides control over how the trade mark is used by a licensee or distributor in their country

Before using a trade mark in a foreign country, it is recommended to search local registers to find out whether the mark is available for use and registration. It is also advisable to check that the proposed trade mark will be acceptable to consumers in foreign markets. That is, the owner should ensure their trade mark does not have an unfavourable meaning or translation in that particular country.

Trade marks can be registered on a country-by-country basis by filing a separate national application in each country or region of interest.

It is also possible to register trade marks for some economic regions. For example, a single European Trade Mark registration covers the whole European Union.

If you need a trade mark attorney in Australia to register a trade mark in multiple countries or regions, it may be more cost-effective to obtain an international registration under the Madrid Protocol. The owner of an existing trade mark application Australia wide or registration may apply for an international registration designating one or more countries or regions which are party to the Madrid Protocol.

Click here to see which countries take part in the Madrid Protocol.

Need more information in regards to Trade Marks Law? Contact Our Trade Mark Services Team Today

Our Experienced Team

Jack King-Scott | Director | Kings Patent & Trade Mark Attorneys

Jack King-Scott, PHD - Director

PATENT AND TRADE MARKS ATTORNEY (AUS & NZ)

Jack is a registered Australian and New Zealand patent attorney as well as a registered Australian trade marks attorney.

Clinton Priddle | Director | Kings Patent & Trade Mark Attorneys

Clinton Priddle - Director

PATENT AND TRADE MARKS ATTORNEY (AUS & NZ)

Clinton is a registered Australian and New Zealand patent attorney as well as a registered Australian trade marks attorney.

Jonathan Lewis | Kings Patent & Trade Mark Attorneys

Jonathan Lewis

PATENT AND TRADE MARKS ATTORNEY (AUS & NZ)

Jonathan is a registered Australian and New Zealand patent attorney as well as a registered Australian trade marks attorney.

Yang Zhao | Kings Patent & Trade Mark Attorneys

Yang Zhao

PATENT AND TRADE MARKS PROFESSIONAL

Yang is completing his qualifications to become a patent attorney as well as a trade marks attorney.

Tahlia Dimech | Kings Patent & Trade Mark Attorneys

Tahlia Dimech

TRADE MARKS ATTORNEY (AUS & NZ), PATENT PROFESSIONAL

Tahlia is a registered Australian and New Zealand trade marks attorney and is completing her qualifications to become a patent attorney.

Chloe Taylor

PATENT AND TRADE MARKS PROFESSIONAL

Chloe became interested in intellectual property and is on the way to become a registered Patent Attorney.

Industries Our Trademark Attorney Brisbane Team Service

Mechanical Engineering

  • Mechanical & Electrical Devices
  • Medical Devices
  • Mining Engineering
  • Control Systems
  • Manufacturing Technology

Life Sciences

  • Biochemistry
  • Molecular Biology
  • Immunology
  • Microbiology
  • Protein Crystallography & Bioinformatics

Software & ICT

  • Apps
  • Cloud-Based Computing
  • Business Methods
  • Physics & Electrical Engineering
  • Telecommunications Engineering

Mining Technologies

  • Mineral Processing Technologies
  • Mining Methods
  • Heavy Equipment (e.g. Excavator Buckets)
  • Tailings Treatment & Disposal

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IP Australia has released its 2022 Australian Intellectual Property Report, which puts numbers behind the latest IP trends.