YIP Legal offers comprehensive services for the creation, management, enforcement, and protection of Trade Mark. Whether you’re searching for more information on how to register a Trade Mark, or need legal services to protect a Trade Mark throughout the life of your brand, we can provide comprehensive services tailored to your needs.
We have created a range of Trade Mark Protection Packages to suit the specific needs of your business, whether it be a hobby, start-up, or a fully-fledged established brand. More details on those packages are listed below, or you can request our e-brochure if you think these options suit you!
You can also Book an Appointment to speak with us regarding your Trade Mark needs or Make an Enquiry through our dedicated Service Portal and we will endeavour to get back to you as soon as possible.
Fast Track Package
Our most popular package for start-ups and entrepeneurs. The best way to identify and fix problems with your application early on.
Who is it for?
About to launch
Recently launched
Don’t Want to Wait
Benefits
Pre-assessment of your mark within 1 week
Option to amend application before lodgement
Faster examination
Full ongoing support if issues arise
Regular updates and communications throughout the process
Protector Package
Our standard full-service, fixed rate package, and popular choice for more established businesses. Designed to secure the best protection with the highest level of support.
Who is it for?
Established Businesses
Cost Conscious
Not In A Rush
Benefits
Preliminary Trade Mark Search
Full ongoing support if issues arise
Regular updates and communications throughout the process
Option to speed up examination at any time
Combo Package
A cost effective solution to secure both your name and logo and ensure your protection is maximised.
Who is it for?
Any business with a great, eye-catching logo
Serious about IP protection
Benefits
Maximise the enforceability of your Trade Marks
Two Trade Marks instead of one.
Full ongoing support if issues arise
Regular updates and communications throughout the process
Option to obtain pre-assessment of your marks.
Trade Mark registration lasts for 10 years initially, but it can be renewed indefinitely for 10-year periods after that. In that sense, Trade Mark registration is a powerful right compared to design or patent registration, both of which have finite terms.
Contact UsYes, and provided we have undertaken a clearance search and identified any possible infringement risks, it is recommended that you do so. Once registered, your Trade Mark will be enforceable from the time you file, not the time your Trade Mark registration certificate is issued.
Contact Us
For most applications, we charge a one-off fixed fee to cover the entire process from filing to trade mark registration, as well as continued monitoring for the lifespan of your Trade Mark . We don’t charge additional fees for standard reporting, strategy recommendations or at the registration stage for Australian Trade Marks.
We work with you before you decide to engage us to work out the most effective way to file your Trade Marks and avoid possible problems with registering your Trade Marks. We want you to be armed with as much information as possible before you go ahead so you can proceed with the confidence that we can implement the strategy which we have agreed on together.
There are many different factors to consider when filing a Trade Mark and for that reason, we don’t take a one size fits all approach. We will always keep you informed of the options available and help you decide which is best for your business.
Once we file your Trade Mark, our service does not stop there! We are always actively on the lookout for opportunities for your business whether it be identifying new IP assets, potential infringements of your Trade Mark or legal developments which could be relevant to your business. We want to partner with you for the long haul, not just for a short while!
Trade Mark registration is a national right and there is no such thing as an international Trade Mark covering your rights globally. That means that different parties could legitimately be using the same Trade Mark for the same goods or services in 2 different countries.
If you are interested in launching your brand overseas, it is important that we consider that as part of your overall Trade Mark strategy to ensure that your mark will not only be registrable in Australia but also relevant overseas markets. Ordinarily, there will be a 6-month grace period for you to file internationally and claim the same filing date as your Australian application.
International applications can be filed direct to a particular country or alternatively, multiple countries can be covered by filing through the Madrid Protocol international filing system. Regardless of your circumstances, understanding how to register a Trade Mark in Australia, your unique situation, and understanding your Trade Mark itself before you apply is essential.
YIP Legal can provide the support you need to apply for a Trade Mark and establish a strong foundation for the use and protection of your Trade Mark in the future. If you would like us to work with you to prepare an appropriate filing strategy for your Trade Marks, please contact Andrew Petale at info@yiplegal.com.au or by using the online contact form on this page.
The benefits of Trade Mark Registration are immense in comparison with the outlay. The consequences of not doing so can be devastating for your business.
A registered Trade Mark provides you with a powerful statutory monopoly and a huge advantage over your competitors. Trade mark registration should therefore be treated as an important asset of your business.
Registration provides you with the legal right to prevent other competitors from using similar Trade Marks in connection with their own products or service offerings. Those competitors could also be liable to pay you damages or an account of their profits if they are found to infringe your Trade Mark rights, regardless of whether or not they have acted intentionally.
Without Trade mark Registration, your main recourse will be to turn to the misleading or deceptive conduct provisions of the Australian Consumer Law, or the common law tort of passing off, both of which rely heavily on your ability to establish that you have an established and recognisable reputation in your unregistered mark. A Trade Mark infringement action does not rely on establishing reputation: the fact of registration is sufficient to establish your rights.
There are many cut-rate “assisted filing” services operating in Australia who will simply file whatever you’d like without guidance or consideration, including Trade Marks which clearly have no prospect of registration or which would not be enforceable even if registered. Those services rely on volume of turnover (and high costs to deal with any inevitable objections) and do not offer any value beyond what you’d get by filing yourself.
We do not offer that type of service. Our role is to work with you to identify what is and isn’t worth registering and to identify and account for any potential obstacles to registration of your mark before you apply. This way we can ensure that your Trade Mark has a clear path to registration and that there are strong strategies implemented at the outset to deal with any foreseeable issues with your application.
Yes, but you may end up wasting your money. Working out how to register a Trade Mark in Australia can be difficult depending on the nature of your application, as certain factors can complicate the process and lead to rejection. Having a lawyer’s assistance will ensure a smooth application.
Each week, there are approximately 700-800 Trade Mark applications which are rejected by IP Australia either due to procedural or substantive problems. Many of those applications are self-filed and contain problems which could have easily been avoided or fixed before filing.
IP Australia does not refund filing fees for failed applications. Therefore, it’s important to know what you are trying to protect and why you want to protect it in order to put together an effective application which will not only be registered but will also be enforceable when you need it.
The Trade Marks Register is littered with countless examples of applications which never stood a chance of registration or which are registered but entirely unenforceable. A Trade Mark lawyer or registered Trade Marks Attorney is the best person to ensure that your application is filed and managed properly. For more information on how to register Trade Mark Australia, talk to our lawyers today.
To discuss your needs with a qualified intellectual property lawyer, book a meeting today. Our experienced IP lawyer in Melbourne can quickly get to the heart of your issue. We can provide you with the information, guidance and options you need to make an informed decision before you choose to engage us. You can contact us by booking in a callback (through our Service Portal), sending an email, or by calling 03 8371 0012.
To discuss your needs with a qualified intellectual property lawyer, book a meeting today. Our experienced IP lawyer in Melbourne can quickly get to the heart of your issue. We can provide you with the information, guidance and options you need to make an informed decision before you choose to engage us.
info@yiplegal.com.au
5 Everage Street, Moonee Ponds
Melbourne, VIC 3039
