Trademark Registration – Register A Trademark
Y Intellectual Property offers comprehensive services for the creation, management, enforcement, and protection of Trademarks. Whether you’re searching for more information on how to register a Trademark, or need legal services to protect a Trademark throughout the life of your brand, we can provide comprehensive services tailored to your needs.
We have created a range of Trademark Protection Packages to suit the specific needs of your business, whether it be a hobby, start-up, or a fully-fledged established brand. More details on those packages are listed below, or you can request our e-brochure if you think these options suit you!
Why Do I Need To Register My Trademark?
The benefits of Trademark Registration are immense in comparison with the outlay. The consequences of not doing so can be devastating for your business.
A registered Trademark provides you with a powerful statutory monopoly and a huge advantage over your competitors. Trademark registration should therefore be treated as an important asset of your business.
Registration provides you with the legal right to prevent other competitors from using similar Trademarks in connection with their own products or service offerings. Those competitors could also be liable to pay you damages or an account of their profits if they are found to infringe your Trademark rights, regardless of whether or not they have acted intentionally.
Without Trademark Registration, your main recourse will be to turn to the misleading or deceptive conduct provisions of the Australian Consumer Law, or the common law tort of passing off, both of which rely heavily on your ability to establish that you have an established and recognisable reputation in your unregistered mark. A Trademark infringement action does not rely on establishing reputation: the fact of registration is sufficient to establish your rights.
Can I Register a Trademark Myself?
Yes, but you may end up wasting your money. Working out how to register a Trademark in Australia can be difficult depending on the nature of your application, as certain factors can complicate the process and lead to rejection. Having a lawyer’s assistance will ensure a smooth application.
Each week, there are approximately 700-800 Trademark applications which are rejected by IP Australia either due to procedural or substantive problems. Many of those applications are self-filed and contain problems which could have easily been avoided or fixed before filing.
IP Australia does not refund filing fees for failed applications. Therefore, it’s important to know what you are trying to protect and why you want to protect it in order to put together an effective application which will not only be registered but will also be enforceable when you need it.
The Trademarks Register is littered with countless examples of applications which never stood a chance of registration or which are registered but entirely unenforceable. A Trademark lawyer or registered Trademarks Attorney is the best person to ensure that your application is filed and managed properly. For more information on how to trademark a name in Australia, talk to our lawyers today.
How Long Does Trademark Registration Last?
Trademark registration lasts for 10 years initially, but it can be renewed indefinitely for 10-year periods after that. In that sense, Trademark registration is a powerful right compared to design or patent registration, both of which have finite terms.
Can I Use My Trademark Before It Is Registered?
Yes, and provided we have undertaken a clearance search and identified any possible infringement risks, it is recommended that you do so. Once registered, your Trademark will be enforceable from the time you file, not the time your Trademark registration certificate is issued.