Trade Mark Lawyers Melbourne

Great question — this is one of the first things we check with every client. Before applying, conduct a search to ensure your desired trademark isn't already registered. IP Australia offers a free TM Checker tool that helps identify existing trademarks that might be similar to your proposed mark.

Here's what to expect on timing: the registration process typically takes around 7 to 8 months, assuming there are no objections or oppositions. This timeframe includes a mandatory 2-month opposition period after the application is accepted.

Here's the plain English answer: a trademark is a sign used to distinguish your goods or services from those of other traders. It can be a word, phrase, logo, symbol, sound, smell, shape, color, or any combination of these. Registering a trademark grants you exclusive rights to use, license, and sell the mark within Australia.

This is a common concern for businesses that trade internationally. An Australian trademark provides protection only within Australia. To protect your mark internationally, you can apply directly in each country or use the Madrid Protocol, which allows for the filing of trademarks in multiple countries through a single application.

Costs depend on how many classes of goods or services you need to protect. The cost varies depending on the number of classes of goods or services you select. As of the latest information, the official fee starts at $250 per class. Additional fees may apply for services like expedited examination or if you engage a trademark attorney.

Registering is absolutely worth it — here's what you get:

• Exclusive Rights: You gain exclusive use of the mark for the goods and services it's registered under.
• Legal Protection: It enables you to take legal action against others who use your mark without permission.
• Asset Value: A registered trademark is an intangible asset that can be sold or licensed.

The process involves:

1. Application: Submit your application to IP Australia, including details of the mark and the goods or services it covers.
2. Examination: IP Australia examines the application to ensure it meets all legal requirements.
3. Publication: If accepted, the application is published for opposition purposes.
4. Registration: If no oppositions are filed, the trademark is registered, and you receive a certificate of registration.

Don't panic if this happens — you have options. If an opposition is filed during the 2-month opposition period, you'll be notified and given the opportunity to respond. The matter may proceed to a hearing, where both parties can present their cases. It's advisable to seek legal advice if your application is opposed.

This is a common mistake — don't fall into it. You can only use the ® symbol once your trademark is officially registered. Using it before registration is misleading and may attract legal penalties. Until then, you can use the ™ symbol to indicate that you're claiming the mark as a trademark.

The good news is that trademark protection can last forever — you just need to renew it. A registered trademark in Australia is protected for 10 years from the filing date. You can renew it every 10 years by paying the renewal fee, ensuring ongoing protection.