Best Trademark Lawyers in Perth

About Trademark Law in Perth, Australia

Trademark law in Perth, as with Australia in general, provides protection for unique symbols, logos, words, or phrases associated with products or services. These laws prevent confusion in the market by limiting the use of similar trademarks to those already registered.

Why You May Need a Lawyer

People usually seek legal advice in trademark for several reasons, such as applying for a new trademark, responding to objections from the trademark office, or dealing with alleged trademark infringements. Hiring a lawyer can help you navigate the complex registration process, conduct thorough trademark searches, respond appropriately to legal actions, and negotiate in cases of dispute.

Local Laws Overview

In Australia, trademarks are governed by the Trade Marks Act 1995 along with the Trade Mark Regulation 1995. The Australian Intellectual Property (IP) Australia is the body responsible for managing trademarks in the country. To obtain a registered trademark, one has to file an application, which will be examined according to specific criteria, like the uniqueness of your symbol or name. The application might be objected to on various grounds such as the risk of confusion with a previously existing trademark. It is crucial to be aware of these local laws to protect your mark effectively.

Frequently Asked Questions

1. How long does a trademark last in Australia?

In Australia, a registered trademark lasts for ten years from the date of filing the application. You can renew your trademark indefinitely in ten-year increments by paying a renewal fee.

2. What is the difference between ™ and ®?

The symbol ™ signifies that you are claiming the word, symbol, or logo as a trademark, but it may not yet be registered. The ® symbol indicates that the trademark is officially registered with IP Australia.

3. Can I register a business name instead of a trademark?

A business name registration does not offer the same protection as a registered trademark. Other businesses can use a similar name unless it’s protected by a trademark. Trademark registration gives you exclusive rights to use, license, and sell it.

4. What if someone is infringing on my trademark?

If you believe someone is infringing upon your trademark, consult with a lawyer who specializes in trademark law. They can assist you in taking steps such as sending a cease and desist letter or filing a lawsuit if needed.

5. Can I trademark my personal name?

Yes, you can trademark your personal name, provided you are using it in trade or commerce, and it distinguishes your goods or services from others.

Additional Resources

The primary resource for trademark in Australia is IP Australia, the governmental body responsible for the administration of intellectual property rights. It provides comprehensive information and guides for trademark registration and management.

Next Steps

If you need legal assistance with trademarks, start by consulting a lawyer who specializes in trademark law in Perth, Australia. They can guide you through the initial trademark search, application process, and any potential disputes that may arise. It's essential to protect your intellectual property rights correctly to avoid future issues or conflicts.