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Trade marks

Registration, prosecution and management

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Trade marks come in a range of different forms which can be made up of several different elements such as plain words, stylised words and logos (or a combination of all three known as “composite marks”). A registered trade mark provides the owner with protection for the trade mark in respect of the goods and/or services specified.

Some of the key benefits obtained from registering a trade mark in Australia include that:

  • you have exclusive rights across Australia to use your registered trade mark as a brand name for the specified goods and/or services;
  • you have the exclusive right to authorise others to use your registered trade mark for the specified goods and/or services;
  • you have proprietary rights in your registered trade mark – it is personal property which can be sold or licensed;
  • you can give Australian Customs a notice of objection against the importation of infringing goods;
  • you are in a much stronger position to stop others from using your trade mark as their brand name in relation to the same or similar goods and/or services – a trade mark registration serves as a direct ticket to take legal action against others who infringe your brand in respect of the same or similar goods/services; and
  • you can use the ® symbol on your goods and/or in promotion of your services. 

Filing your trade mark

We offer a range of our trade mark filing work on a fixed fee basis. This helps give certainty as to what the main stages of the application process will cost. Please contact us for a copy of our current trade mark fee schedule.

When filing a trade mark application, the owner must specify what goods and services it is seeking protection for, and the costs depend largely on the number of Classes applied for. Your trade mark application may include claims in one or multiple Classes, depending on the extent of protection required and the range of goods and/or services that you provide to the market under the trade mark.

If you decide to apply for registration, our experts will draft a comprehensive specification designed to capture all of the goods and services that you want to protect your trade mark for in Australia.

Timing

It is important to note that, to get the most out of your eventual trade mark registration, it is imperative that we carefully draft the specification to cover off your current and future business activities. The pre-filing process can take some time to ensure we file the best application for your trade mark and commercial intentions. Investing in your brand at the beginning is as important as post-registration enforcement.

Sometimes if trade mark applications are met with challenges, the process may take longer which potentially results in additional costs.

However, one way to get a good idea of any potential problems (before you incur filing costs) is to conduct searches prior to filing your application to find out whether or not there are identical or similar trademarks already registered or applied for by third parties.

Did you know?

Registration of a trade mark in Australia gives the owner exclusive rights to use that trade mark in Australia in relation to the goods and/or services claimed. The only way to obtain these special exclusive rights is through trade mark registration. A trade mark registration is distinct from a business or company name registration which does not grant the holder any proprietary rights.

Your brand

Before filing a trade mark application for a new or currently unprotected trade mark, we suggest having searches conducted of the Trade Marks Register for identical and similar trade marks in the same or similar Classes. Searching gives you an idea of your application’s predicted costs, prospects of success in terms of achieving registration, how easy or difficult the road to registration will be and whether use of your trade mark in Australia infringes third party rights.

Our team

Whatever your intellectual property or trade mark protection needs, whether you’re looking to consolidate your portfolio, leverage its value for growth and expansion or protect your rights, we have the intellectual property specialists and experience to help you make the right commercial decisions.

Our intellectual property specialists have significant international experience working with brands of all types and sizes. This experience, together with HopgoodGanim’s full-service offering, enables us to provide a broad range of solutions, tailored to meet your business needs and deadline demands.

Clients choose HopgoodGanim because we provide strategic, cost-effective and commercial IP solutions.

No matter what the challenge, our award winning Intellectual Property team is here to work closely with you and guide you through the process. HopgoodGanim Lawyers was recommended in Doyle’s Guide to Queensland’s Leading Intellectual Property and Telecommunications, Media and Technology Law Firms, 2016, 2015 and 2012. Hayden Delaney was also personally recommended as a Leading lawyer in each of these categories. HopgoodGanim Lawyers and Hayden Delaney are also recommended as leaders in Prosecution and Strategy category for trade marks in the WTR 1000 - 2016 and 2017 editions.

Request a quote

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Please provide us with as much information as possible about the trademark you wish to register. This will help us to provide you with a quote as quickly as possible.

 

  • Acting for Nvidia Corporation (the world’s largest designer of graphics processing units) in the management and prosecution of its Australian IP portfolio, including the trade marks for its market leading GeForce and Tegra product lines.