FAQs

Frequently asked questions

How do I register a trade mark ?

Contact us and we will take you through the process step by step, free of charge. Briefly, the process is as follows:

  • Trade mark search (recommended);
  • File trade mark application and decide on Classes of goods/services;
  • Examination at the Trade Marks Office;
  • Acceptance and publication;
  • Registration.

Why should I register my trade marks ?

  • Protection against unauthorised third party use;
  • Puts other traders on notice that the trade mark is your property;
  • Trade mark owners can use the “r” in a circle symbol;
  • Assists the transfer of ownership or authorisation of a trade mark such as through licensing/assignment.

Do I need a trade mark attorney to register my trade marks ?

A trade mark attorney can assist with the following:

  • Assessment of prior potentially conflicting rights on the Trade Marks Register;
  • Trade mark selection and application to avoid errors being made which can be costly to correct at a later stage;
  • Potential objections raised by the Trade Marks Office and third parties;
  • Ensuring that deadlines are not missed and to protect your brand.

Can somebody steal my trade marks ?

If you do not obtain registration of your trade mark(s) you may still be able to take action against another person using that mark or those marks without your authorisation. However, taking such action is likely to be more difficult, complex and costly.

Can I register my trade marks overseas ?

Trade marks can be registered all over the world. We can assist you if you are interested in obtaining protection for your brand name(s) in countries other than Australia. Please contact us and we will give you our free of charge preliminary recommendations and a cost estimate for overseas trade mark protection.

What is a trade marks search ?

We recommend conducting a trade mark search when deciding on a new brand name. If your brand name is considered to be too similar to another trade mark or marks it may be difficult for you to obtain registration for your chosen brand. Further, you may be infringing the rights of another person without being aware of it.
A trade mark search should give you an awareness of any potential obstacles that stand in the way of the use and/or registration of your mark.

Is a free trade mark search reliable ?

Our free exact trade mark Register search is a good place to start when first considering registration of a trade mark. Please contact us to arrange the free search.