Trademark Law

Australian Trademark Protection

We act for clients across Australia and overseas in relation to brand protection and commercialisation.

The Trade Marks Act 1995 provides for a system of registration, where you, as the trade mark owner, may obtain exclusive and automatic rights to your brand, Australia-wide.
The registration of business names, company names or domain names does not guarantee the security of your brand. While all of these registrations are important, they do not provide the level of protection that a registered trademark offers. In fact a business name, domain name or company name can be taken from you unless you own the relevant trademark.

Without a registered trademark, in order to prevent someone using your brand, you must establish your business's reputation in the region it is being used improperly - this can be very hard if, for example, you trade only in Sydney but a Brisbane-based trader is using a brand deceptively similar to yours. Proving your reputation in Court can be complex and expensive. This problem is only overcome by registering a trademark which provides automatic Australia-wide rights against the infringer.

Often people starting a new business adopt a name and logo and then go about spending substantial funds on marketing materials, building a website and developing goodwill. A big problem can arise when you find out that the name or logo you have been using infringes on another person’s intellectual property rights. In many cases the time and money spent promoting your brand can be wasted as the threat of legal proceedings force you to remove signage, letterheads, websites etc. Registering a trademark should be taken very seriously and if possible, before you commence trading.

It is important to note that trademarks are intangible business assets and capable of being transferred. Trademarks can turn out to be the most valuable asset of your business.

Our Australian trademark application service is Fixed-Fee - for a free quote and an indicative availability search of your proposed trademark please call 07 3854 2357.

International Trademark Protection

International trademark protection is accessible to small and large businesses.
Unfortunately there is no single worldwide application process. However, there are systems in place to simplify the process of international protection.

The Madrid Protocol provides a means of seeking trade mark registration in multiple countries using a single application. It provides a simpler and less expensive means of initiating applications in multiple countries.

Alternatively, trade mark applications can be filed directly into each country of interest, which in each case requires the appointing of a local firm to handle the application directly. The Madrid Protocol avoids this initial administrative appointment cost.