Trademark Lawyer in Gold Coast
A trade mark can be a word, phrase, letter, number, sound, smell, shape, logo, image or a combination of these. It is used to distinguish the goods or services of one trader from those of another. It is an essential function of trade marks to designate the origin of goods or services so that customers can reliably find the origin of supply. Trademarks are essential for businesses in the Gold Coast region to safeguard the products and services of brand name owners, same way Trademark lawyer in Gold Coast are essential to make this process smooth for your Business.
After an application has been filed at the Trade Marks Office, it will be examined by a trade mark examiner. To be registrable a trade mark must satisfy several requirements. At W3iplaw on the Gold Coast we have extensive experience in the process of filing trade mark applications. Our trademark Lawyer in Gold Coast can also assist with trade mark searches and registering a trade mark in Australia.
As a trademark attorney in Gold Coast, we conduct searches to ascertain the availability of registering a trademark. Our attorneys on the Gold Coast register trademarks for organisations and businesses all around Australia and provide telephone and online advice. Our trademark Lawyer in Gold Coast also file for trademarks overseas, which can be done directly or through the Madrid protocol. Our Trademark attorney in Gold Coast are trained to prosecute trade marks and conduct opposition proceedings before the Australian Trademarks Office.
A trademark may be any ‘sign’ capable of distinguishing the goods or services of one trader from those of other traders. In addition to standard trademarks, other types of trademarks include a ‘collective trade mark’, a ‘certification mark’ and a ‘defensive mark’. Having a trademark for your products or services provides many benefits such as:
- Asset: It is an asset which can be bought, sold, assigned, and licensed (you have the exclusive right to authorise other people to use your trade mark for the goods or services in your registration).
- Exclusive Right: A trade mark registration clarifies ownership and you obtain the exclusive right to use the trade mark and to obtain relief for infringement.
- Deterrent: A trade mark sends a message to the Australian marketplace that a business takes its intellectual property seriously.
- Defence: It provides a valuable defence to allegations of trade mark infringement.
- Competitors: It can also deter competitors from using or trying to register the same or similar trade mark if they search the Australian Trade Marks Register and find the trade mark registration.
- Prevent Others: The right to prevent others from using a substantially identical or deceptively similar mark.
- Renewal: You can maintain the trade mark indefinitely through renewal.
- Australia: Registration usually gives rights throughout Australia.
- Importation: Importation of goods bearing infringing marks may be prevented by asking the Australian Customs Service to seize the offending goods.
Rights are obtained in a trademark by use through the ‘common law’ or by statutory rights through registration of a trademark. Trademark registration has several advantages in that proprietary rights can be obtained without having to use the trademark, its presence on the register serves as a deterrent to other traders and registration is a defence to an action for infringement of another trademark.
Online businesses on the Gold Coast should trade mark the brand name for their products and services to obtain proprietary rights in the name. When selecting a trademark, it should be distinctive and must not be directly descriptive of the goods or services for which registration is sought. The trademark should also not be substantially identical or deceptively similar to any earlier trademark which is registered or pending in relation to the same or similar goods or services.
Before applying for a trademark in Gold Coast, our Trademark Lawyer in Gold Coast can do a clearance check to ensure that the trademark that you are applying to register is not already on the register or in use. Before using a new trademark it is therefore important to conduct a clearance search to ascertain whether that trademark is available for use. The cost of a trademark search will depend on the nature of the mark, the range of goods and services that need to be searched and whether the search is confined to the register or extended to “common law” marks.
At W3iplaw, we strive to ensure that our clients on the Gold Coast have access to affordable rates and are satisfied with our team’s services. If you are looking for trademark attorneys on the Gold Coast, do get in touch with us. You can get in touch with us by calling us or by sending us an email. Please visit our website for more details on our services that we offer across Australia. We offer a wide range of legal services to our clients at competitive prices.
You can get in touch with us if you are looking to file a trademark to protect your products and services, whether online or offline.