Trade Mark Lawyers

A trademark is a symbol, word, phrase, design, or combination of these elements that identifies and distinguishes a particular product or service from others in the market. It is a form of intellectual property that provides legal protection to the owner against unauthorised use by others.

Trademarks can be registered or unregistered.

Trademark protection in Australia is granted through registration with the Australian Trade Mark Office (ATMO), which is part of the Australian government agency called IP Australia. Once registered, the trademark owner is granted the exclusive right to use the mark in connection with the goods or services for which it is registered, and to take legal action against any person or business that infringes on their trademark rights.

The use of a trademark allows consumers to identify and distinguish between products and services, and helps to build brand recognition and loyalty. It is an important tool for businesses to protect their intellectual property and maintain a competitive advantage in the market.

Your business name isn’t necessarily enough to protect your brand.

What’s a business name?

A business name is really just the name your business trades under – a nickname if you will.

What’s a trade mark?

A trade mark is a way of identifying your unique product or service. It’s your brand.

Here is a very common example of when a business name conflicts with a trade mark:

When Bob initially registered his business name, he didn’t search the trade mark register to identify potentially conflicting trade marks. Without even knowing, Bob was actually infringing on someone else’s registered trade mark that was registered before Bob started trading.

If the owner of the registered trade mark demands Bob to stop trading under that name, he would likely have to and that means re-branding.

That’s a scary and costly thought for any business owner. Think about the signs, banners, promotional materials, domains, social media accounts, bank accounts, subscriptions – all that goodwill, gone! Our wallets hurt just thinking about it.

In summary, registered trade marks trump registered business names (unless they were there first to register). Registering a trade mark however is not always simple and can be quite technical. Read the full article here.

It’s not as expensive as you might think…

We’ve published content covering the cost of registering a trade mark in Australia and how, as a business owner, you can actually save money by getting advice from a lawyer before you file your trade mark application.

Find out more here.

Just because you have a business name, doesn’t give you the right to use it.

I know that sounds really strange but only a registered trade mark will give a business the most protection needed to trade.

A business name is a nickname essentially and distinct from a legal entity.

The legal entity might be for instance Bob Smith T/as Bob the Builder, or Bob Smith Pty Ltd t/as Bob the builder (if a company). The individual or company owns the business name, and can own many others.

We have seen so many cases where a business that starts to trade (sometimes even for a long period of time), then finds out that they need to stop trading with the name because they are infringing someone else’s trade mark. It is an extremely serious issue if it happens and is in most circumstances a very expensive exercise.

Make sure you have all the rights to use your business name by seeking legal advice.

Find out more on how to trademark a business name and why it’s important here.

Before you file an application for your logo, it is important to make sure that you own the copyright in the logo.

With registering a trademarked logo, there are many considerations to be had regarding the colour of the logo, what it includes, and how it represents your business.

> Find out more in our trade mark logo page here.

So how do you use the ™ or ® symbol on your trade marks? Many business owners ask us this question. On this trade mark FAQ page we provide you with the answer.

In Australia, a registered trademark can last indefinitely, as long as the renewal fees are paid and the mark continues to be used in trade.

Initially, a trademark registration is valid for ten years from the date of application, after which it can be renewed for successive ten-year periods.

To maintain a trademark registration in Australia, the trademark owner must file a renewal application and pay the renewal fee before the expiration of the current registration.

It is important to note that to maintain the validity of a trademark registration, the mark must continue to be used in trade. If a registered trademark is not used for a continuous period of three years, it may be vulnerable to cancellation due to non-use.

No, Australian trademarks do not automatically apply internationally. Trademark protection is territorial, meaning that a trademark registered in Australia only provides protection within the borders of Australia.

> Find out more about international trademark registration here.

A trademark lawyer is a legal professional who specialises in trademarks and other intellectual property matters. They are trained and experienced in helping clients protect their trademarks and enforce their trademark rights.

Our experienced trademark lawyer, Ian Aldridge, and his highly qualified team, assist clients with a wide range of trademark-related issues, such as:

• conducting trademark searches
• filing trademark applications
• responding to office actions from trademark examiners
• enforcing trademark rights against infringers, and
• defending against trademark infringement claims.

If you’re looking for a trademark search lawyer, trademark application lawyer, or a trademark registration lawyer, Progressive Legal can help.

While it’s not mandatory, hiring a lawyer greatly increases your chances of success. Expert advice from experienced advisors, like lawyers specialising in trademarks, is crucial for ensuring accuracy and avoiding costly mistakes.

We provide daily guidance to Australian businesses, both locally and internationally, and can help you navigate the trade mark application process effectively. Registering a trade mark is relatively affordable and offers 10 years of protection. We understand financial considerations and can work with you to accommodate your cash flow needs. Feel free to contact us for assistance.

Trade marks legally protect your business’s unique brand used for your products or your services that helps customers distinguish you from your competitors. Trade marks can protect a logo, phrase, word, letter, sound, smell, picture, shape, movement, aspect of packaging, or any combination of these. The owner of a registered trade mark has the exclusive right to apply the brand to the products and/or services it has registered for. 

A patent on the other hand grants you the right to prevent others from manufacturing, using, or selling your invention in Australia without your permission. Your invention must be new, useful, inventive, or innovative for your application to be successful. In short, a patent protects the new and innovative function, method, or the workings of a thing.  

Find out more about the difference between a patent and a trademark here. 

Yes. A slogan is a brief and memorable phrase or tagline that is used in advertising or marketing to convey a particular message, brand or product.

Many other companies have successfully trademarked their slogans to prevent others from using them without permission. However, there are certain guidelines and requirements that must be met in order to trademark a slogan or tagline. Learn more about trademarking a slogan here

Famous trademark examples include Coca-Cola, Apple, Google, Nike and McDonald’s. You can trade mark a band name, brand, logo, business, and lots more. Learn more about why these brands are successful and discover more examples here.

Amending a trademark application refers to the process of making changes or corrections to an existing trademark application that has already been filed with the Intellectual Property Office in Australia (IP Australia).  There are several steps to amend a trademark application, which you can read about here.