Trademark attorneys

Protect Your Trade Marks With Expert Sydney Trademark Attorneys

Dedicated patent and trade mark attorneys, personalised and commercially oriented service.

What is a trade mark?

A trademark is a sign that is used to distinguish goods or services from those provided by any other person. They are used to allow consumers to easily identify the producer of products. Trademarks are an effective marketing tool to advertise your product by providing a unique and recognisable identifier in the marketplace.

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Start Your Trademark Journey with Our Expert Sydney Trademark Attorneys

Where to begin?

Before launching your brand, it’s crucial to ensure your trademark is unique and not already in use. Just because you haven't seen your logo, business name, or slogan out there doesn't mean it's available. Conducting a trademark search is a vital first step in protecting your brand identity and avoiding costly legal issues down the road. A preliminary trademark search performed by a trademark attorney can help you assess whether your desired mark is eligible for registration and ensure you're not infringing on existing trademarks.
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Forming a Trade Mark

Trade marks can be formed by using or combining signs such as words, numbers, names, brands, colour, shape, packaging, smell, or sound. The protection that a trademark can give differs from the security that you get from registering a business, company, or domain name.

Specifically, only trade marks confer proprietary rights which allow you the sole right to use and enjoy the trade mark. Hiring an expert Sydney trademark expert is the first step that one needs to take when deciding to register their name as a trade mark. This can be done with a lawyer for trade mark registration, or a Sydney trademark attorney.

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Why Should I Use IP Guardian?

IP Guardian has extensive expertise and experience in business names, company names, and trade mark law. If you’re looking for expert trademark lawyers in Sydney who are experts in securing trade mark rights, IP Guardian has a team of attorneys ready to tackle all your intellectual property issues.

You don’t need to fork out for a needlessly costly IP trade mark lawyer in Sydney. We can assist you in registering your name as a trademark and can help you enforce your rights against those who may wish to abuse your valuable name. Our team of trade mark attorneys can also help you by searching the trade mark register and the ASIC register which contains details of registered business and company names.
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Meet our Attorneys

Specialised Trademark Attorneys Sydney

IP Guardian will have only expert Sydney trade mark attorneys at your disposal. In addition, we offer convenient payment options so you can protect your IP including patents, trade marks, and design registrations immediately and pay overtime with no interest. Book your free no-obligation consultation.

If you’re looking for a trade mark lawyer in Sydney, we’ve got the skills you’re after. Additionally, we can provide the attorney trade mark services of a trademark lawyer in Melbourne, Australia, and many other places, too.

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Can I Register My Own Trade Mark, Or Do I Need A Trademark Lawyer?

Unless you’re a legal expert, it’s unwise for you to try and register your own trade mark. It’s better to get Sydney trademark lawyers or trade mark attorneys in Sydney — somebody who understands what a trade mark is and how to register one properly — to help you.

IP Guardian knows trade mark law inside and out and can protect your IP with confidence. Whether you need to register a trademark from Sydney, Melbourne, Brisbane, or the Gold Coast, our team can provide you with the trade mark attorney advice that will secure your IP.

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Trade Mark FAQ's

What Is A Trade Mark?

A trademark is a form of intellectual property associated with and used to protect a brand's identity. A trade mark can be a unique logo, sign, name, expression or design that distinguishes your business, its products and services, from another.

Once formerly registered, your trade mark offers you legal protection from copycats and infringers seeking to profit from your reputation.

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How To Trade Mark In Australia

In Australia, the process of applying for and registering trade marks is handled by IP Australia. This government agency handles applications for trademark registration and administers the rights to own them.

There are strict rules around what can be trade marked, its usage and the duration of trade mark registration. You must adhere to all requirements outlined in the application documentation in order to successfully obtain your trade mark.

Can You Trade Mark A Company Name?

Yes, it is possible to trade mark a company name. In fact, we highly recommend that you pursue trade marking your business name.

Why?

If you desire to have exclusive rights over your registered business name and the ability to defend it against improper usage by a third party, trade marking is the way to do this.

How Much Is Trade Mark Registration?

The exact costs associated with trade mark registration will depend on the way in which you apply for it.

If applying directly with IP Australia the minimum cost will be $250. Should you engage the help of a professional trade mark attorney there will be additional costs involved, however, the process will also be smoother and less complicated.

How To Apply For A Trade Mark

To apply for a trade mark, you can contact the dedicated trade mark attorneys at IP Guardian or pursue a self-guided application online via IP Australia.

You will need to perform several checks prior to submitting your application as well as ensure you meet all trade mark registration guidelines.

How To Check A Trade Mark

What are the Advantages of Securing a Registered Trade Mark in Sydney?

Securing a registered trade mark with a trusted trademark attorney in Sydney empowers your business with exclusive ownership and legal protection for your unique brand assets, such as logos, slogans, and business names.

This registration prevents others from commercially exploiting your brand without permission, ensuring your identity remains distinct in the marketplace. By registering your trademark, you gain the right to use the ‘R’ symbol, which acts as a deterrent against misuse of your brand by competitors.

What Risks Do I Face Without a Trade Mark for My Sydney Business?

Choosing not to secure a trade mark with a reputable trademark attorney in Sydney can expose your business to significant risks. Even if common law offers some protection, it's limited compared to the robust defense a registered trade mark provides.

Without it, others may leverage your brand's assets or reputation, leading to potential legal disputes or claims of infringement.

It's a misconception that business registration alone protects your brand's unique elements; only a registered trade mark can provide this level of security.

What's the Difference Between Trade Mark Registration and Common Law Protection in Sydney?

Trade mark registration in Sydney provides legal acknowledgment of your exclusive rights to brand names, logos, or slogans, akin to owning a patent. This formal recognition under the Trade Marks Act 1995 affords stronger protection and recourse in legal disputes compared to common law rights.

Common law may offer some protection but lacks the definitive legal standing and ease of enforcement that comes with a registered trade mark. Consulting with experienced trademark attorneys in Sydney can clarify these differences and secure your brand's protection.

How Do Trade Mark (TM) and Copyright © Differ?

Copyrights automatically protect original creative works like music and art, requiring no formal registration in Australia. In contrast, trade marks, which cover unique business identifiers like names and logos, require formal registration to provide legal protection.

This ensures your business assets are safeguarded against unauthorised use or trademark infringement, distinguishing your brand's unique elements from others in the market.

Does My Australian Trade Mark Provide International Protection?

A trade mark registered in Sydney or anywhere in Australia does not automatically grant international protection. To protect your brand globally, you can either apply for trade marks individually in each country or seek broader coverage through the Madrid Agreement with the help of a proficient trademark expert.

Understanding and navigating international trademark laws is complex, so partnering with a knowledgeable trademark attorney in Sydney can be vital for global brand security.

What Are the Costs Associated with Trade Mark Registration in Sydney?

The cost of trade mark registration can vary, depending on the services of trademark lawyers or trade mark attorneys in Sydney. At IP Guardian, we provide clear, fixed-fee arrangements for your trade mark and patent needs, ensuring transparency and predictability in pricing.

Our expertise allows us to offer accurate cost estimates tailored to your specific brand protection requirements.

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Case Study

IP Guardian effectively protected an online clothing retailer's unique brand by securing multiple trademarks, thereby covering all facets of their identity. When a new startup began selling similar products under a closely resembling name, causing customer confusion and loss of sales, we swiftly addressed the infringement with a cease and desist letter. The competitor was compelled to rebrand, averting further damage to our client's reputation and sales.

This intervention highlights the necessity of enforcing trademark rights and preserving client brand integrity against unauthorised and misleading market entries.

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