Securing a trademark in Australia is essential for protecting your brand identity and preventing infringement. The process involves several key steps, including conducting a trademark search, preparing and submitting your application, and responding to any objections.
Trademarks are important for any business in safeguarding their brand identity. In Australia, the process of trademark registration follows several steps, from choosing a unique mark to effectively registering and defending that mark against any opposition. Being represented by an experienced trademark lawyer in Sydney can make this process much easier and even safer for you. This guide will walk you through the key steps involved in securing a trademark with the help of an IP lawyer.
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When IP Australia examines the application, they will often issue an adverse examination report that outlines problems or objections that you will have to overcome. This may involve objections as to the uniqueness of your mark, conflict with other prior trademarks, and incomplete or incorrectly completed sections of the application.
A response to the report is important in moving your application forward with the help of an IP lawyer, which may include additional information, amendments, or arguments in response to objections here, the skill of the attorney comes in, as he may respond properly to the trademark examiner and get the problems sorted out to make the application move ahead. The response shall be made within the available time, usually within 15 months, with the risk of abandonment. A well-thought-out response will more likely result in successful registration, getting you closer to full protection for your brand.
Once the opposition period of the trademark is complete with no objections, or once any filed oppositions are successfully overcome, then the application to register a trademark will be able to proceed to completion.
In such a case, IP Australia will complete your application, and you will also be given a Certificate of Registration. This certificate gives proof that your mark is now registered as a trademark and that you have acquired the exclusive right to use it about the goods and/or services for which your application was made. Your trademark lawyer in Sydney will assist you in ensuring the registration is well documented and advise you on how to effectively use your trademark. This includes advising you where and how to display your trademark, and ensuring it is used consistently to avoid dilution. Also, your lawyer will explain the importance of renewing your trademark since its validity needs maintenance, and this needs to be done every ten years for its registration to remain effective.
Our expert migration lawyers offer paid consultations to suit your needs—choose a quick 15-minute session for general advice or a comprehensive 45-minute session for in-depth discussion and tailored guidance.
