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!
Customised Trademark Registration Packages
Our unique fixed fee Trademark protection packages are designed to meet your specific Trademark needs, whether you are a hobbyist, a start-up, an established business or a market leader. Our packages start from $450 ex GST (+ government fees) and are all geared towards providing you with the right protection and ongoing support for the life of your brand.
If any of those packages sound like the right fit for you, please let us know and we can provide you with more detailed information explaining exactly what services are included in those packages and a fixed fee to implement it.
You can also Book an Appointment to speak with us regarding your Trademark needs or Make an Enquiry through our dedicated Service Portal and we will endeavour to get back to you as soon as possible.
| Package | Who is it for? | Benefits |
| Fast Track Package: Our most popular package. The best way to identify and fix problems with your application early on. |
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| Protection Package: Our standard full-service, fixed rate package. Designed to secure the best protection with the highest level of support. |
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| Combo Package: A cost effective solution to secure both your name and logo and ensure your protection is maximised. |
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Why Register Your Trademark With Y Intellectual Property?
Through many years of experience, we have custom-created a unique Trademark service which focuses on creating valuable and useful Trademarks while keeping pricing simple and affordable. Unlike other operators, we are not a file-and-forget service, nor do we seek to extract fees at every stage of the process. Instead, we aim to provide a tailored solution that meets your needs at a price that works for you. The hallmarks of our service which differentiate us from the rest are:
Upfront and transparent pricing:
For most applications, we charge a one-off fixed fee to cover the entire process from filing to trade mark registration, as well as continued monitoring for the lifespan of your Trademark. We don’t charge additional fees for standard reporting, strategy recommendations or at the registration stage for Australian Trademarks.
Identifying issues before you file:
We work with you before you decide to engage us to work out the most effective way to file your Trademarks and avoid possible problems with registering your Trademarks. We want you to be armed with as much information as possible before you go ahead so you can proceed with the confidence that we can implement the strategy which we have agreed on together.
Flexible options:
There are many different factors to consider when filing a Trademark and for that reason, we don’t take a one size fits all approach. We will always keep you informed of the options available and help you decide which is best for your business.
Looking out for opportunities:
Once we file your Trademark, our service does not stop there! We are always actively on the lookout for opportunities for your business whether it be identifying new IP assets, potential infringements of your Trademarks or legal developments which could be relevant to your business. We want to partner with you for the long haul, not just for a short while!
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. Trade mark 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 Trade mark 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 register trademark Australia, talk to our lawyers today.
What Can A Qualified Trademarks Attorney Do?
There are many cut-rate “assisted filing” services operating in Australia who will simply file whatever you’d like without guidance or consideration, including Trademarks which clearly have no prospect of registration or which would not be enforceable even if registered. Those services rely on volume of turnover (and high costs to deal with any inevitable objections) and do not offer any value beyond what you’d get by filing yourself.
We do not offer that type of service. Our role is to work with you to identify what is and isn’t worth registering and to identify and account for any potential obstacles to registration of your mark before you apply. This way we can ensure that your Trademark has a clear path to registration and that there are strong strategies implemented at the outset to deal with any foreseeable issues with your application.
How Long Does Trade Mark 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.
How Do I Protect My Trademark Overseas?
Trademark registration is a national right and there is no such thing as an international Trademark covering your rights globally. That means that different parties could legitimately be using the same Trademark for the same goods or services in 2 different countries.
If you are interested in launching your brand overseas, it is important that we consider that as part of your overall Trademark strategy to ensure that your mark will not only be registrable in Australia but also relevant overseas markets. Ordinarily, there will be a 6-month grace period for you to file internationally and claim the same filing date as your Australian application.
International applications can be filed direct to a particular country or alternatively, multiple countries can be covered by filing through the Madrid Protocol international filing system. Regardless of your circumstances, understanding how to register a Trademark in Australia, your unique situation, and understanding your Trademark itself before you apply is essential.
Y Intellectual Property can provide the support you need to apply for a Trademark and establish a strong foundation for the use and protection of your Trade Mark in the future. If you would like us to work with you to prepare an appropriate filing strategy for your Trade Marks, please contact Andrew Petale at info@yiplegal.com.au or by using the online contact form on this page.