How to Register a Trade Mark

Y Intellectual Property offers comprehensive services for the creation, management, enforcement, and protection of Trade Marks. Whether you’re searching for more information on how to register a Trade Mark, or need legal services to protect a Trade Mark throughout the life of your brand, we can provide comprehensive services tailored to your needs. We have created a range of Trade Mark 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!

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Customised Trade Mark Packages

Our unique fixed fee Trade Mark protection packages are designed to meet your specific Trade Mark 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 Trade Mark 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.	About to launch Recently launched Don’t Want to Wait	Pre-assessment of your mark within 1 week Option to amend application before lodgement Faster examination Full ongoing support if issues arise Regular updates and communications throughout the process
Protection Package: Our standard full-service, fixed rate package. Designed to secure the best protection with the highest level of support.	Established Businesses Cost Conscious Not In A Rush	Preliminary Trade Mark Search Full ongoing support if issues arise Regular updates and communications throughout the process Option to speed up examination at any time
Combo Package: A cost effective solution to secure both your name and logo and ensure your protection is maximised.	Any business with a great, eye-catching logo Serious about IP protection	Maximise the enforceability of your Trade Marks Two Trade Marks instead of one. Full ongoing support if issues arise Regular updates and communications throughout the process Option to obtain pre-assessment of your marks.

Why Register Your Trade Mark With Y Intellectual Property?

Through many years of experience we have custom-created a unique Trade Mark service which focuses on creating valuable and useful Trade Marks 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 registration, as well as continued monitoring for the lifespan of your Trade Mark. We don’t charge additional fees for standard reporting, strategy recommendations or at the registration stage for Australian Trade Marks.

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 Trade Marks and avoid possible problems with registering your Trade Marks. 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 Trade Mark 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 Trade Mark, 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 Trade Marks 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 Trade Mark Rights?

The benefits of Trade Mark registration are immense in comparison with the outlay. The consequences of not doing so can be devastating for your business. A registered Trade Mark provides you with a powerful statutory monopoly and a huge advantage over your competitors.
Trade Mark registration should be treated as an asset of your business. It provides you a statutory monopoly to prevent other competitors from using similar Trade Marks 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 Trade Mark 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 Trade Mark infringement action does not rely on establishing reputation: the fact of registration is sufficient to establish your rights.

Can I Register a Trade Mark Myself?

Yes, but you may end up wasting your money. Working out how to register a Trade Mark can be difficult depending on the nature of your application, as certain factors can complicate the process and lead to rejection. Each week, there are approximately 700-800 Trade Mark 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.
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 Trade Marks Register is littered with countless examples of applications which never stood a chance of registration or which are registered but entirely unenforceable. A Trade Mark lawyer or registered Trade Marks Attorney is the best person to ensure that your application is filed and managed properly.

What Can A Qualified Trade Marks Attorney Do?

There are many cut-rate Trade Mark services out there who will simply file whatever you’d like them to without question. Those services rely on volume of turnover 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 worth registering and ensure that the protection you obtain from your Trade Mark registration is as strong as possible.

How Long Does Registration Last?

10 years initially but it can be renewed indefinitely for 10-year periods after that. In that sense, Trade Mark registration is a powerful right compared to design or patent registration, both of which have finite terms.

Can I Use My Trade Mark 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 Trade Mark will be enforceable from the time you file, not the time your registration certificate is issued.

How Do I Protect My Trade Mark Overseas?

Trade Mark registration is a national right and there is no such thing as an international Trade Mark covering your rights globally. That means that different parties could legitimately be using the same Trade Mark 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 Trade Mark 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 situation, understanding how to register a Trade Mark, your unique situation, and your Trade Mark itself before you apply is essential. Y Intellectual Property can provide the support you need to apply for a Trade Mark 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.

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