Trade Marks
Trade Mark refer to the system of trade mark applications and registrations and the rights that are conferred by trademark registration. This is governed by the Trade Marks Act 1995 (Cth) and is the only way that you can get formal rights in your business’s names and brands. Applications to register a name or brand as a trademark are made at the Trade Marks Office located at IP Australia in Canberra.
Not all names, brands or logos are capable of being registered as trade marks under the Trade Marks Act 1995 (Cth). Names, brands and logos that describe the goods or services in relation to which they are used or are generally laudatory (such as words like “Premier”, “Perfection”, “Essentials”) will not be accepted by the Trade Marks Office as trade marks.
Also, the Trade Marks Office will not permit you to register your brand if another person has already registered the same or similar brand for the same or similar goods or services. If the Trade Marks Office raises an earlier registration or application for a similar trade mark as an objection to the registration of your trade mark, it may be that your trademark is infringing that earlier trade mark. This may expose your business to infringement action by the owner of that earlier right, which could result in court action, damages and costs being awarded against your business. It is therefore important to conduct some research before you commence use of a new brand.
The cost of registering your trade mark through Marshall Marks begins at $1,710. On average, though, it usually costs in the region of $2,000 to $3,000 per trade mark and takes around 7 to 10 months to complete assuming there are no substantial objections raised by the Trade Marks Office or any third parties.
The purpose of registering your brand or names as trade marks is to be in the best position possible to prevent others using the same or similar trade mark in relation to the same or similar goods and/or services. You may be able to obtain financial compensation if your business suffers loss or damage as a result of such infringing use of your trade mark.
We can attend to all of your trade mark needs, including:
- advising on the registrability of your brand or names as trade marks;
- seeking registration of your brand or names as trade marks;
- conducting brand and name searches to advise on whether your proposed or actual use of your brand or names will infringe anyone else’s rights (freedom to operate searches);
- commercial agreements relating to trade marks – licence agreements, transfer agreements (assignments), co-branding agreements;
- trade mark litigation and naming disputes, including domain name disputes;
- trade mark portfolio management.
Businesses that are likely to need trade mark law advice include:
- brand owners, which is virtually every business;
- brand focused businesses, being any business that seeks to differentiate itself in the business world through the use of its brand and the values inherent in their brand;
- consumer focused and facing businesses; and/or
- importers of branded goods.
Contact us today about TRADE MARKS
- Local and National – 0499 222 028
- International – + 61 499 222 028
- info@marshallip.com.au
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"Marshall IP Group has been assisting SAI Global with its trade mark, IT and other intellectual property agreements for over 4 years now. They have demonstrated a good understanding of our businesses and services and this commercial understanding is applied to the legal advice and assistance they have provided. They have shown expertise beyond their size and (regional) location and an ability to stand their ground against their City counterparts: you get the quality of a city law firm partner but you are not charged the big city law firm rates. They are pro-active, commercially sensible and this has given me, as a busy in-house Corporate Counsel and Company Secretary, peace of mind in relation to SAI Global’s national and international IP Portfolio and other legal needs. "
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"Marshall Marks has recently filed a large number of trade mark applications for us and has a high level of success in terms of getting marks registered with the minimum of fuss and additional costs. They have well established processes that identify problems early on so that time and money is not wasted on problematic applications and deliver their services promptly in a courteous and professional manner. They have demonstrated a strong ability to handle a large and growing IP Portfolio in the very competitive drinks sector of the market. I would recommend them to any company that wants to get a grip on its IP."
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"Marshall IP Group has been a supporter of the iAccelerate from its very beginnings. iAccelerate is a state of the art incubator for start-ups and early stage technology businesses located at the University of Wollongong’s Innovation Campus. Marshall IP Group’s CEO, Tim Marshall, has provided thorough, thoughtful and insightful contributions to iAccelerate providing informative seminars, workshops and advice for many of iAccelerate’s companies. Marshall IP Group demonstrates a commitment to the innovation agenda for Australia and the Illawarra region. "
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"I am delighted to recommend Tim Marshall and the team at Marshall IP Group for all aspects of intellectual property and technology law. Marshall IP Group fills an important space in the legal market in regional Australia and Australian capital cities. The businesses that I am heavily involved in, RMB Lawyers and Unison Outsourcing, have both enjoyed excellent advice and customer service from Marshall IP Group in relation to trade marking our businesses and protecting our brand."
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"Entering the world of trademarks and IP, as a means of protecting our brand both now and in the future, was met with an unclear understanding of where we could turn for assistance. Tim and his amazing team at Marshall IP Group have made the whole process a hassle free one and we confidently recommend their services to anyone wanting to add value to their brand and business. "
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"Nobody likes to have to fight a court case and especially one against an internationally based company, but that was what we found ourselves facing in 2012. We were so lucky we found Tim Marshall of Marshall Legal. We highly recommend his services to anyone who wants a good business lawyer that gives good solid advice on all matters, including Intellectual property matters, trademarks and Patent attorneys who have proved invaluable to our business"
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