ItsYourBrand.com.au
Trade Mark Searching and Registration Services
Trade Mark Searching Services
There are two types of trade mark searches - Availability and Registrability
Availability Searches
Availability searches can determine if a trade mark is free to use in Australia. A search can identify if third parties are already using this trade mark or a similar mark. Such a similarity could be confusing to consumers if two trade marks were to co-exist in the marketplace for goods and/or services in the same or similar industries.
It is not compulsory in Australia to register a trade mark. Reputation gained in the use of a trade mark does give some rights to protection under common law. An availability search can identify such third party use of a trade mark which may pose as an obstacle to your future use of the mark.
A search of the Australian Trade Marks Register is also conducted, as well as general internet searches, business and domain name Registers.
A report will be provided to you with advice on the suitability of the trade mark for your use or proposed use.
Registrability Searches
This search is solely based on trade marks listed on the Australian Trade Marks Register. It can identify if a trade mark is eligible for registration.
It does not include any general internet searching, or identify any unregistered use of the trade mark or similar trade marks.
A search report will be provided to you. It will include a list of trade marks currently on the Register that are the most similar to your proposed trade mark. This search pre-empts any expected issues raised by the Trade Marks Office when the trade mark application is assessed.
A Registrability search and report is included within an Availability search.
Brand Creation Advice
Many trade marks these days include buzz words of the moment or describe their business within the brand. While it does identify what products and services you provide to your customers, a trade mark of this nature is difficult to register and enforce. Trade marks should not be descriptive of their goods and services and be unique to the industry.
We can provide you with advice on brand/trade mark selection and common issues to avoid. Our service is complimentary to you. We can also provide high level advice to narrow down your current list of potential trade marks, based on these principles.
Trade Mark Registration Services
In Australia, it is not compulsory to register a trade mark, however it is the most effective method of identifying the ownership of a trade mark and its use in the marketplace. It is also much easier and cheaper to enforce your trade mark rights than relying on common law rights.
Trade marks are registered based on Class systems. Each product and service is classified under an International classification system. There are government fees for each class of goods/services applied for.
Trade mark applications can take as little as 6 months to register, or longer if objections arise. Any trade mark rights are backdated to the date of your application. Examination occurs within 3-4 months of filing, however it is possible to request an earlier examination.
Trade Mark Registrations are valid for 10 years.
What We Do
HOURS & LOCATION
Hours
Monday - Friday
8:30 am to 5:30 pm
Saturday
9:00 am to 12:00 pm