Intellectual Property & Trademarks

We advise both large corporations and small businesses, such as start-ups. By analysing your needs and other relevant circumstances specific to your situation we provide customised legal advice in order for you to reach your goals and full potential.

Intellectual Property

Our solicitors have significant experience in intellectual property matters and processes. We can assist you in the recognition, protection and prosecution of your rights. We specialise in all areas of intellectual property, including:

  • Copyright,
  • Trademarks and brand protection,
  • Patents including registration,
  • Designs,
  • Project development,
  • General intellectual property rights and acquisitions,
  • Confidential information agreements,
  • Litigation and infringements.

We advise both large corporations and small businesses including start-ups. By analysing your needs and other relevant circumstances specific to your situation we provide customised legal advice in order for you to reach your goals and full potential.

Trademarks

A trademark enables a service provider or trader to identify their services or goods within the market. A trademark can be a letter, word, phrase, name, logo or sound that allows consumers to identify a particular product with your business, i.e. a ‘mark of trade’. Our solicitors can help you register your trademark in order to protect your brand, saving you from costly and complex legal disputes. Business names do not have to be registered, but registering a trademark will legally protect your name and business symbols by allowing you to take action against competitors who infringe your registered trademark.

If you suspect that your trademark, or something ‘substantially similar’ is being used without authorisation, Citilawyers can act on your behalf through trademark opposition procedures. Often, only a letter from a trademark lawyer can deter an infringement and many cases can be settled out of court, saving time and money.

Registering a trademark is the only way to give you exclusive rights over the trademark of your products across Australia and internationally. You can prevent others from using the same or a similar trademark to keep them from affecting your business identity or damaging your reputation. Registration is relatively inexpensive, considering the legal costs of a claim against a party who infringes your mark will most likely be higher than the costs of registering your trademark product.

How to Register a Trademark

Citilawyers can assist you in registering your trademark from start to finish. We undertake a search on your behalf to discover if there are any conflicts with your trademark and we manage the legal formalities of lodging your application with the Australian Trademark Office, or international trademark bodies if you require international protection.

The trademark application process takes at least seven months. Once examined, the Trademark Office will issue your certificate of registration. Your trademark will then be valid for ten years and can be renewed every ten years thereafter.

Trademark Infringement

The use of a trademark in a domain name may infringe a registered trademark or breach a trademark owner’s common law rights.  Trademark owners may transfer the registration of a domain name registered by someone else if the domain name is identical or confusingly similar to a trademark in which the complainant has rights, the owner does not have any rights or legitimate interests in the domain name and the domain name has been registered and is being used in ‘bad faith’.

The best way of protecting your business name is by registering a trademark. We can take the stress out of trademarking your services or goods.

If you need advice regarding intellectual property or trademarks, please message us by using the form on this page or call us on (02) 9233 7777.

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