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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Darren Kennedy
Darren Kennedy
26 April 2024
Great service from the Barry and his team, managed to get my trademark in a timely manner and communication was great throughout the whole process. Would use again!
Ryan Gale
Ryan Gale
22 March 2024
Barry is highly knowledgeable, very personable and got our trademark filed quickly. Thanks for a great service.
Midnight Support
Midnight Support
21 March 2024
We had discovered an unknown party had made a unauthorised website using our registered trademarks. We contacted IP Guardian for assistance and the service was nothing less than excellent. Barry called for an initial consultation to see what needed to be done to rectify our problem. He was transparent and upfront with solutions, and provided a quote for the total amount to complete the work required. The quoted amount was more than acceptable, especially considering the problem was resolved within less than 24 hours! We will be using Barry's services for any future trademark and IP related assistance. Joe Gerardis - Midnight Locksmiths & Security
Rug Addiction Australia
Rug Addiction Australia
5 February 2024
So easy to deal with and understanding of my requirements.
Brad Berman
Brad Berman
28 November 2023
Dealing with Barry and the team at IP guardian was so easy. I would highly recommend them.
Betania Gamon
Betania Gamon
15 October 2023
IP Guardian are very professional, Barry was prompt and great at understanding what we needed. Would highly recommend for anyone needing any IP services!
Thomas Turner
Thomas Turner
10 October 2023
I am very happy with the service of John Paul and Barry from IP Guardian. They handled all my queries and I've been very well advised.
Adriana Brusi
Adriana Brusi
3 October 2023
IP Guardian are amazing - and Mike was fantastic to deal with. This was not my first time applying for a Patent; but this was by far the most seemless process. I would never look at another organisation to work with. I had exceptionally tight deadlines to work within; and everything was effortless. If you are looking for high level professionalism; exceptional customer service and a legal standard that ensures they get it done, then I cannot recommend enough.
Rebecca Barbe
Rebecca Barbe
26 September 2023
We had our trademark application opposed by a larger company so sought assistance from Joanne Li from IP Guardians. She knows her stuff! She was very clear with what she considered our risks were, how the opposition process works, gave us a few options to consider and was so patient and thorough with us. Turns out she was correct in every aspect. Joanne and her team were punctual, easy to get a hold of and kept us in the loop every step of the way. The cost was very fair from our perspective. It's scary when you don't know how far a matter will proceed and how much the costs would blow out. The matter got resolved quicker than we could have hoped for and we are so grateful we chose Joanne to help us. Will recommend to absolutely anyone and everyone who needs IP support. Thank you Joanne.
Alex Bedders
Alex Bedders
15 September 2023
Barry and his team are the best in the business. Highly recommend them for all your trademark needs.

Trade Mark Services

  1. Trade Mark Registration

    Secure your brand's identity in Sydney with our straightforward trademark registration service.
  2. Trade Mark Enforcement

    Protect your brand from infringement with our comprehensive trademark enforcement solutions in Sydney.

  3. Trade Mark Strategy

    Develop a robust trade mark strategy with Sydney’s leading trademark attorneys to maximise your brand’s potential.
  1. Trade Mark Searches

    Ensure your brand stands out with our detailed trade mark search services, identifying any potential conflicts before they arise.
  2. International Trade Marks

    Expand your brand’s reach beyond Sydney with our international trade mark registration services.
  3. Trade Mark Renewals

    Keep your trade mark protection up-to-date in Sydney with our efficient renewal services.

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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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.

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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