Always conduct a search of the Australian trademarks register (previously ATMOSS) and commonlaw searches for unregistered marks before you apply for a trademark in Australia.
The purpose of a trademark search is to reveal:
– any registered or pending marks on the trademark register for your products or services that might be cited against your trademark application and
-trademark registrations that you might infringe if you were to use your mark on your chosen goods or services.
A search of common law brands should also reveal use of the mark by traders without the benefit of registration. These common law brands may be used to oppose registration of your brand.
Always use qualified professionals to conduct searches of the registers. The registrations are territorial which means you should conduct brand research in each country in which you wish to manufacture, use or sell your goods or services. Our Principal is a trademarks Lawyer, registered Australian trade marks attorney and has protected the the branding rights of clients for over 10 years. Benefit from our experience.
Why you need search results quickly – Delays with IP Australia
IP Australia is currently delayed in its examination of applications. Whilst it is possible to expedite the examination of an application, that process is also delayed. Therefore it may take 7-8 months for IP Australia to examine the mark of the application. 7-8 months is a long delay when a trader wants to market and launch a brand and is seeking trademark protection. It is therefore vital that a search (often referred to as a clearance to use search) is conducted prior to the filing of an application so that the trader can have some certainty about investing valuable marketing dollars. At EAGLEGATE we EXCEL at this.
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 trademarks 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.