Our hours for trademarks work are: 9.00am to 5.00pm Monday to FridayAll of our services are by prior appointment only.
Trademark registration in Australia has many benefits. It gives our client’s the exclusive rights to use, license and sell their trademarks and makes it easier for our clients to take legal action to prevent others from using it. Business, company, and domain name registrations do not grant any protection or exclusive rights of use or ownership. They don’t stop others from using the same or a similar name. It is important to register a trademark with IP Australia if you want to adequately protect it from being used by competitors.
Our firm has decades of experience in successfully helping our clients navigate the process of trademark registration.
Parkston Lawyers offers a fixed fee, cost-effective trademark registration service.
We provide advice either at the time of deciding on a trademark or before filing a trademark application, as to whether your trademark will meet the requirements for registration minimising the potential for non-refundable costs being incurred for rejected applications. We also have the training, experience, and resources to conduct searches to ensure that there are not already any earlier conflicting trademarks that would prevent the successful registration of our client’s trademark and can suggest possible approaches in the event of potential conflicts.
We will carefully prepare and file your application for you. We help our clients determine which type of trademark application would be best suited to their needs and the most cost effective. There are different types of trademark applications and there are varying government fees applicable depending on the type of application and the number of classes of goods and services applied for. We help our clients find the right classes of goods and services to ensure that they have the necessary protection. When you register a trademark, you must select the correct classes of goods and services which your trademark will be used in relation to. There are currently 45 classes of goods and services to choose from.
Once filed, the application will then be examined by IP Australia. The Commissioner of Trademarks will assess the application and an examination report will be issued. If the application does not meet the legislative criteria for registration, an adverse examination report will be issued to the applicant. The applicant will have 15 months to file arguments and evidence to support their application or alternatively amend the application.
If accepted, the trademark will then need to be advertised for a period of two months during which time any third party may oppose the mark. We monitor the application right though to registration. If during the registration process, matters arise which require legal assistance such as responding to any concerns raised by IP Australia, assisting with legal action to enforce your rights, or dealing with any third parties who may oppose your trademark application, we have the specialised expertise and experience to assist.
We will monitor your trademark for you right though to registration. If the trademark achieves registration, the applicant will receive a certificate of registration from IP Australia. The trademark application’s status will also be updated to ‘registered’ in both Australian Trade Mark Search database and the Australian Official Journal of Trade Marks.
In Australia, if there are no objections raised by IP Australia or any third parties, the process will take a minimum of 7 and a half months from the date of filing the trademark application to registration.
Trademark registration is valid for an initial period of 10 years but can be renewed every 10 years indefinitely. Parkston Lawyers has many years of experience assisting clients with their trademark and other intellectual property related matters. Let us help you get the process started.
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