Trademark Lawyers Sydney

Work with Sydney's Trademark Law Specialists

Using trade mark registration to protect your brand, product or business is an essential legal consideration when it comes to safeguarding your intellectual property rights. Our Sydney team of trade mark lawyers and patent attorneys will ensure you have thorough advice and the assistance you need, with trade mark registration, dispute resolution and litigation, where necessary.

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How Can A Trademark Lawyer Help Me Protect My Brand?

If you have a business or are marketing a product or brand, having the right legal protection in place is vital to ensure your intellectual assets’ safety.

We have extensive knowledge of trade mark law, offering quality advice for all trade mark matters, including long-term trademark strategy. Our clients include SMEs, advisors, corporate organisations and start-ups, with whom we assist with all aspects of trademark law. Our services are offered with a transparent fee structure for added peace of mind.

We can help you with Australian and international trademarks, trademark registrations, searches and any other legal processes to help you to distinguish goods and protect brand names and identities.

Trademark Attorneys

Trademarks and patents are used by individuals, brands, and organisations to claim exclusive ownership of unique designs, names, and branding elements. Trademarks are essential for effective marketing and can become a valuable asset for a flourishing business.

Competitors could take credit for your work and damage your reputation without protection. Our team of trademark lawyers at Actuate IP can help you with:

  • Trademark strategy
  • Trademark protection
  • Australian and international trade marks
  • Filing and registration
  • Clearance searches and advisory
  • Trademark auditing
  • Trademark portfolio management
  • Trademark office assistance
 
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Our Sydney Trademark Lawyers

Jennifer Driver
Principal | Trade Mark Attorney @ Actuate IP
Paola Rios
Legal Projects Administrator & Trade Mark Attorney @ Actuate IP
Amy O’Bryan
Lawyer @ Actuate IP

Registering & Applying For Trademarks

Actuate IP offers legal services and consultation to help you understand if you are eligible for a trademark and support you in preparing the trademark application. We recommend starting with a search to check whether other businesses are already using something similar.

Our team of lawyers in Sydney and across Australia, have experience working with a wide range of clients across a broad amount of industries. We specialise in protecting brand-related property and can provide you with the necessary safeguards to protect your intellectual property.

A selection of the clients we have worked with

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Extensive expertise with trade marks and patents. Actuate IP are your trade mark law specialists

Our team will expertly guide you through trade mark, patent and copyright matters, ensuring your brand assets and confidential information are safeguarded. We have experience managing multiple trademark portfolios and assisting businesses at various stages. Our specialised team of Sydney-based IP Lawyers can handle all trade mark matters for you.

To schedule your first assessment, get in touch with us today. Our office is in the Sydney CBD, and if you cannot come in person, we can arrange a phone or online appointment. Remember – you will collaborate with the finest trademark lawyers Sydney offers when working with Actuate IP.

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Step #1
Free Initial Discussion

Schedule an initial discussion with our Legal Project Manager at no cost to you. This discussion allows you to explore how our services can benefit you without any commitment.

Step #2
Clear Fee Structure

Receive a comprehensive fixed fee proposal detailing all costs for the discussed actions. Our transparent approach ensures you understand financial and legal aspects clearly.

Step #3
Finalise Agreement

After reviewing the proposal, we'll arrange a follow-up meeting to discuss any remaining details or questions you may have. Once everything is clarified, we'll get started with our agreed-upon plan.

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Frequently Asked Questions
Trade Mark Lawyers Sydney

What is the benefit of having a registered trade mark?

A registered trade mark signifies that you own the rights associated with your business or brand and offers legal protection in the case of someone attempting a similar trademark application. You can apply for a trade mark for various elements unique to your brand such as business names, slogans, logos, symbols, and photos. Having a trade mark ensures that your brand has exclusive rights to its identity and prevents others from using your brand assets for profit or commercial trade without infringing on your trademark rights. Registering for a trademark allows you to use the TM symbol legally. This symbol can deter other businesses from using parts of your brand for their own benefit.

If I don't register a trade mark for my business, what are the risks?

In certain situations, businesses can still receive protection under Common Law even if they choose not to register their trademark. It’s hard to say if it’s essential to your situation, but if you choose not to register your trade mark, issues can arise down the line that require professional legal support to resolve.

If your business assets become valuable and another business uses branding for its gain, your reputation can be affected and another company may claim that company names, branding assets or other intellectual property belong to them. They may even launch an infringement case against your company. If you already had a similar trade mark registered, a trade mark attorney would be able to create an opposition against the applicant, or enter into litigation for breaching or infringing your intellectual property rights.

Some people think that by registering a new business in Australia, that chosen company names and brand assets such as their logo are automatically protected. This registration is really only a requirement to legally trade under that name, and isn’t the same as having a registered trademark.

What is the difference between registering a trade mark and Common Law protection?

A registered trade mark is similar to a patent in that it legally establishes ownership of a brand name, design, logo or business slogan to a particular owner. If someone uses a registered trade mark that they do not own, it is considered an offence under the Competition and Consumer Act of 2010 and can result in legal consequences. Trade marks are not difficult to apply for, and trade mark registration can go a long way if disputes arise, or to increase the profitability of your company. To find out more about how Common Law and trademark registration may apply to your business, talk to Actuate IP’s Sydney team of trade mark attorneys.

What is the difference between a Trade Mark (TM) and Copyright ©?

The purpose of copyright laws is to safeguard the rights of music, art, and film creators by preventing the unauthorised use or sale of their work. Copyright protection is automatically granted to any original creative work, even without formal registration. On the other hand, trademarks are used to distinguish certain brand elements and ensure instant customer recognition. Trademarks need to be formally registered for legal protection. When someone other than the person or company who owns a registered trademark tries to use the same trade names, logos, or designs for their financial gain, it is known as trademark infringement.

If I have a trade mark in Australia, does that protect me internationally?

No. Trademarking your business name, logo, design, or slogan in Australia only automatically provides recognition in other countries. To secure trademark rights overseas, there are two options: applying for individual trademark registration in each country or multi-country trademark registration through WIPO to cover Madrid Agreement countries. Selecting a trademark lawyer who can provide accurate legal advice regarding the necessary trademarks for your company and effectively implement them internationally is crucial. With Actuate IP’s global presence, your intellectual property strategy can be executed worldwide.

What will it cost me to apply for a patent or trade mark?

The costs of working with trade mark lawyers and patent attorneys can differ significantly, depending on the type of application you are making and the general fees that the law firm you are working with charges for trademark advice and registrations. Actuate IP can provide fixed fees for your trade mark and patent projects to ensure fee certainty. Our expertise allows us to assess your project and give an accurate quote, and we pride ourselves on being transparent with our costs.