Brisbane Trade Mark Attorneys and Trade Mark Lawyers providing trade mark registration and enforcement services
It is essential that you use qualified and experienced attorneys to register and protect your trade mark rights
Our Principal is a registered Australian trade marks attorney and has protected the trade marks of clients for over 10 years. Benefit from our experience.
TRADE MARK SERVICES
Trade marks act as a badge of origin for products or services. They indicate to consumers the origin of your goods and services and the quality of those goods and services. It is vital that you commercialise your brand in a way which teaches consumers to think of you when they hear your brand name. It needs to distinguish your goods from those of others. Traders are often tempted to adopt descriptive words when adopting a brand because it descriptive terms instantly indicate to consumers what goods or services the trader provides. However, adopting descriptive terms as a brand name can also be detrimental as descriptive terms can be used by others, so the brand name has less chance of being distinctive to the trader.
We assist in protecting your intellectual property. The protection of a trade mark registration is based not only around the mark itself but its statement of goods or services. If the statement of goods and services is incorrect or doesn’t properly cover what products or services you provide, your mark may be not protect your brand and it removable for non-use. There is also an overlap between the different classes of goods and services. Therefore you should seek the advice of a patent and trade mark attorney before applying to register your mark.
EAGLEGATE’s founding Partner, Nicole Murdoch, is an Engineer, is an Australian Registered Trade Marks Attorney and has over 10 years experience registering , commercialising and enforcing trade marks. She is a Doyle’s Guide recommended IP lawyer and holds a Masters in the subject matter. She aims to settle cases on commercially sensible and economic terms without having to proceed to court.
Thank you for your interest in our firm. Please complete the contact form and one of our trade mark lawyers will contact you as soon as possible. Please note we cannot provide legal advice without a client agreement in place
If you prefer to call us, we can be reached at: +61 7 386 22271.
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- Do I have to use my trademark?
Trade marks are a use it or loose it regime. This means that you, or someone under your control, must make legitimate use of the trade mark during the relevant non-use period in order to stop it being removed for non-use. It is possible to use the mark on only some of the goods or services of the registration, but that may expose the non-used goods or services to removal for non-use. The relevant period for non-use period is a three year period ending 1 month prior to the filing of a non-use removal application.
- Can I expand my trade mark?
Once a trade mark is filed, it cannot be expanded to cover other goods or services. The scope of the trade mark can be reduced by removing goods and services at any time.
- Why is IP Australia refusing to register my trademark?
As part of the registration process, IP Australia will examine your trade mark and either accept it for registration (in which case it will be advertised for opposition purposes) or it will reject the application for registration and give reasons for that rejection. This is the start of a conversation with IP Australia and IP Australia can often be convinced to change it’s mind. There are many strategies we can use to overcome a trade mark rejection, call us today for a free confidential chat.
- What is a common law trade mark?
A common law trade mark is a trade mark that is used by a trader without registering it with IP Australia. Common law trade marks are enforceable under the Australian Consumer Law but it does not afford the same protection as a trade mark registration.
- How do I know if someone is infringing my brand?
You must remain vigilant to other traders adopting your mark. There are three types of trademark infringement under the Australian Trade Marks Act. To infringe a mark a trader must use as a sign a mark that is substantially identical or deceptively similar to the registered trademark, AND the goods/services must be identical or of the same description.
Alternatively, if the mark is a famous mark then the goods/services can be unrelated but because of the fame of the mark, the sign would be likely to be taken as indicating a connection between the unrelated goods or services and the registered owner of the trademark.
No defences must apply to the infringement.