Trade Mark Registration

We file, prosecute and enforce trademarks

Register a trademark today to protect your rights.

Protecting your brand is vital. It is essential that you use qualified and experienced lawyers who understand the complexity of the Trade Marks Act and who are also registered Australian Trade Marks Attorneys.

Our Principal is a trademarks Lawyer, registered Australian trade marks attorney and has protected the branding rights of clients for over 10 years.

Registration of a trademark is the best form of brand protection. The trademark filing process in Australia is very simple. The complexity lies in making sure you have a broad enough statement of goods and services to protect your brand but also ensuring it is not so broad that other trademark registrations will be cited against your trademark application.

At EAGLEGATE we EXCEL at this.


Trade Mark Application Process

1. Application

The application filing phase of a trade mark application is one of the most critical phases. This is a short list of just some of the steps that must be done correctly to obtain a valid and enforceable trademar

  • For the purposes of trade mark registration, goods and services are classified into 45 classes. It is important that you file the trade mark in the correct class.
  • You must file the trademark in the correct name or it may be invalid.
  • You need to file for the correct goods and services. If you do not do so, you might not be able to enforce your trade mark rights.
2. Examination

Next, the application will be examined by IP Australia: this is the start of a conversation with IP Australia

  • if an examination report is issued by IP Australia, we can respond to the examination report explaining why the trade mark should be accepted for registration. This is why it is vital to know the trademark cases that have been handed down by the Courts.
  • We can respond to the examination reports by arguing a point, by providing evidence of use, consent to use letters and other legal techniques.
  • We can appear any any hearing on the matter and appeal decisions to the Federal Court.
3. Trademark Opposition

Once the application is accepted by IP Australia, it will be advertised for opposition purposes. Any trader can oppose acceptance of the mark during the opposition period

  • We can assist in defending a trade mark opposition proceeding including appearing at hearings
  • We are experienced in filing Notices of Intention to Oppose, Statements of Grounds and Particulars, evidence in opposition proceedings and arguing cases
  • Once a decision is handed down we can assist in appealing the decision to the Federal Court or defending an appeal
  • if you want to oppose a trade mark – you must move quickly

We assist clients to protect their brand and protect intellectual property

Why choose EAGLEGATE Lawyers?

It is imperative that you choose lawyers who are experienced in trade marks and have a proven track record of convincing IP Australia to register a trade mark. Our Principal has represented some of the biggest Australian household names for over 10 years. We are experienced with obtaining grant of difficult marks and overcoming objections raised by IP Australia and other official examination agencies.

Nicole assist Majans obtain the trade mark for Bhuja which including an appeal to the Court. She also represented Discount Drug Stores to obtain a colour registration. In both of those matters, the evidence filed was so compelling that they both settled before a hearing. The Discount Drug Stores trade mark appeal was the first appeal from a decision of the Registrar of Trade Marks to ever settle in Australia.