Trademark Law
As a business owner your brand is one of your most valuable assets. Your brand is your business’s identity, reputation, and goodwill. That is why it is essential to protect it. One of the best ways to do this is by registering your brand as a trade mark. A trade mark gives you the exclusive rights to use your unique design elements, taglines, and slogans. This safeguards your brand from unauthorised use by others and ensures that your business is protected in the marketplace.
At Lord Commercial Lawyers, we are experts in providing comprehensive trademark services to businesses of all sizes. With a proven track record in intellectual property law, our skilled lawyers have helped thousands of clients secure and protect their brands. We are committed to giving expert legal advice to clients on how to ensure not only your brand but also your intellectual property is protected and your business is poised for success.
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If you need help protecting your trademark, we are here to provide expert guidance and support. Our esteemed team of lawyers can help you through the process and ensure that your company’s brand assets are always protected. So get in touch today at (03) 9600 0162, or email info@lordlaw.com.au.
Our Law Services
Consulting experienced trademark lawyers for your business can be invaluable. Our team offers a broad number of legal services perfectly curated to meet your legal needs.
Trademark Law
We help our clients with,
- Registration, licensing, and sub-licensing of trademarks and intellectual property rights
- Conducting trademark audits
- Managing complex trademark portfolios
- Litigation relating to breach of trademarks, registered designs, intellectual property and copyright
What is Trademark Law?
Trademark law is a subcategory of intellectual property law. It deals with the use of trade names, logos, and other branding elements to identify the source of goods and services.
What is Trademark Infringement?
Trademark infringement, also known as ‘passing off’, is a violation of the Competition and Consumer Act 2010. If you use a trademark that is registered to someone else, or if you use an unregistered trademark that has been in use long enough to develop a reputation, the owner may be able to prevent you from using it or registering it.
Why Choose Lord Commercial Lawyers
Our passion is to protect your business and guarantee your brand the security it needs to succeed. Our skilled team of experienced trademark lawyers has the expertise and insight to partner with you to attain the optimal legal result. We prioritise open, unambiguous communication and are always candid about costs, potential outcomes, and available choices.
Meet Our Trademark Lawyers
We’re led by the expert knowledge of our director, Andrew Lord, who has over 30 years of experience in law. Andrew has served on the boards of both publicly-traded and private companies, giving him a unique perspective on the legal issues faced by businesses. His deep understanding of commercial law and his ability to see problems from a business standpoint allows him to provide clients with creative, cost-effective solutions. Whether it’s drafting contracts, resolving disputes, or advising on compliance matters, Andrew is dedicated to helping his clients overcome any challenge.
Andrew is supported by Patrick lafrate who has extensive experience in mergers and acquisitions, as well as compliance with ASX regulations. He has also worked extensively with charities and non-profit organisations on issues related to corporate governance, copyright, trademark law, and privacy. Patrick is passionate about helping clients navigate the legal system to achieve their commercial objectives in a cost-effective manner.
Lord Commercial Lawyers Melbourne
If you require the advice of a trademark lawyer, or have any further questions related to trademark law, please contact us today. Our friendly, expert team is happy to assist.
Call on (03) 9600 0162, or email us at info@lordlaw.com.au. Alternatively, please feel free to visit our office during business hours. You’ll find us at Level 10, 167 Queen Street Melbourne.
FAQs
How do I conduct a trade mark search to check if my desired mark is already registered?
You can conduct a trade mark search by using online databases or engaging a lawyer to do a trade mark search. Before starting to use a trade mark it is important to check no one is using the same or a similar trade mark. A search will help identify any problems.
What are the benefits of registering a trade mark?
Registering a trade mark provides legal protection and the exclusive right to use the mark in connection with specific goods or services. Importantly it also gives the ability to prevent others from using the same or a similar mark. It gives you the best legal basis for to prevent others copying your trade mark.
Can I trade mark a slogan or a logo?
Yes, slogans and logos can be registered as trade marks, but they must be distinctive.
What is the difference between a trade mark and copyright?
Trade marks protect distinctive images, words, logos, or symbols. Copyright is a specific area of law that protects original works such as literary, artistic, or musical creations.
What steps should I follow to register a trade mark?
Typically, the steps involve:
- Conducting a trade mark search to check if an identical or similar trade mark is already registered.
- Preparing, and filing a trade mark application.
- Paying the application fees.
- Answering any objections made to the application.
- Possibly providing evidence of use.
How long does it take to register a trade mark?
The registration process does vary, but it typically takes seven months to a year if there are no problems. It can take longer. The time frame can be affected by factors such as the complexity of the application, examination delays, or opposition proceedings.
Can I register a trade mark internationally?
Yes, you can seek international trade mark protection through the Madrid Protocol (the most cost-efficient way) or by filing individual applications in each country you want to register in.
What should I do if someone copies my trade mark?
If someone copies your trade mark you can take legal action to enforce your rights. Generally, the first step will be to send a cease and desist letter. If that fails, the next step is to commence legal proceedings generally seeking an injunction restrain the use of your trade mark and seeking damages.
