Australian patent trademark services pty ltd [With Tutorial]

Last updated : Aug 29, 2022
Written by : Katharine Trueheart
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Australian patent  trademark services pty ltd

Where is IP Australia located?

Since 1998, IP Australia has been located in Discovery House in Canberra, Australia.

How do I know if a name is trademarked in Australia?

Trademarks. To ensure your business name does not infringe on an existing registered trademark, use IP Australia's Australian Trade Mark Search. This allows you to search for existing trademarks.

How do I check a trademark?

Search on TESS--the USPTO's web-based Trademark Electronic Search System-at your local Patent and Trademark Resource Center ( or at home if you have Internet access.

How do I contact an Australian IP?

  1. Phone: 1300 65 10 10 (9am to 5pm, Monday to Friday) Canberra time.
  2. International: +61 2 6283 2999.
  3. Contact us form: send a general enquiry or provide feedback on our products and services.
  4. Translating and interpreting service: 13 14 50 (within Australia) or +613 9268 8332 (outside Australia)

What does IP Australia do?

We are the Australian Government agency that administers intellectual property (IP) rights and legislation relating to patents, trade marks, designs and plant breeder's rights. Our vision is to have a world leading IP system that builds prosperity for Australia.

Do I need to trademark my business name Australia?

Business names Before you start operating, you must register a business name if you are trading under a name that is not your own. You cannot register a business name that is identical or too similar to the registered name of another Australian business or company.

Do I need to trademark my business name and logo?

Summary. Registering your business name for a trademark isn't required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.

Can I use a trademarked name for my business?

The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or. if your use is part of an accurate comparative product statement.

Do trademarks expire?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

How do I know if something is patented?

How do you find out if something is patented? The answer lies in searching the database of the United States Patent and Trademark Office (USPTO). This search may be done online via the USPTO website or in person at the various USPTO libraries spread across the country.

How do I know if a company name is trademarked?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)'s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.

How long does a patent last in Australia?

A standard patent gives you long-term protection and control over an invention. It lasts for up to 20 years from the filing date of your application (or up to 25 years for pharmaceutical substances).

How do I trademark an idea in Australia?

  1. your name/ownership details and contact details.
  2. a representation of the trade mark - see our image requirements for online services.
  3. a description of the goods and/or services to which it will apply.
  4. a list of the relevant classes - what you are offering as goods or services.

How do I find out where an IP address is from?

There is no method of associating an exact physical geographical address or the computer associated with an IP address available to an end-user. If you need to report abuse by a person behind an IP address, contact local authorities or the ISP who's in control of that IP address.

What are the 3 types of IP?

  • Patents. If you have come up with a new invention, you may want to consider protecting it with a patent.
  • Trademarks. Let's say that you have come up with a great new name for your brand, company or product.
  • Copyrights.

What's the difference between a patent and trademark?

What's the Difference Between Patents and Trademarks? A patent allows the creator of certain kinds of inventions that contain new ideas to keep others from making commercial use of those ideas without the creator's permission. Trademarks, on the other hand, are not concerned with how a new technology is used.

What is the difference between a trademark a copyright and a patent?

A copyright protects original works, such as art, literature, or other created work. A trademark protects names, short slogans, or logos. A patent protects new inventions, processes, and compositions of matter (such as medicines).

How do I protect my business name in Australia?

You can apply for a business name and other key business registrations through the Business Registration Service. Before you register, make sure you have: identified your business structure. an Australian business number (ABN) or ready to apply for one.

What is the difference between a trademark and a business name?

The trademark performs a different function than the trade name. The trade name identifies the company while a trademark distinguishes and identifies the source of the goods or services. Confusion can also emanate from the common practice of some businesses including part of or all of the trade name in the trademark.

What does Pty Ltd mean?

Under Australian law, a proprietary limited company (abbreviated as 'Pty Ltd') is a business structure that has at least one shareholder and no more than 50 non-employee shareholders, where the liability of shareholders is limited to the value of shares.

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Australian patent  trademark services pty ltd

Comment by Ezekiel Jackovitz

if your business ID is as good as Maxine's you can't wait to start making and selling your product but how can you make sure that no one copies or steals your idea the law won't protect Maxine's idea for a flying shoe but it will protect how she expresses her idea there are four different types of legal protection available one trademark to design registration three patents for copyright a trademark can protect your business name or logo it distinguishes your products and services from your competitors helping you create a memorable brand when you register a trademark you can stop other businesses from using that mark without your permission design registration will protect the aesthetics of your product for example the shape or pattern it's important that your design is new and distinctive this means it must not be identical to any existing design that has been disclosed publicly a patent will protect the function of an invention which contains a novel feature your invention is novel if it's unique and works in a way that would not be obvious to others in your industry for example Maxine could register a patent for the technology she's created to make her shoofly that technology would be new and unlike anything that already exists copyright automatically protects the original expression of an idea like music artwork or films so once Maxine writes her own shoe jingle she doesn't need to register anything to receive legal protection for her lyrics and melody she has the exclusive right to use the jingle and can stop anyone from reproducing it without her permission finally you can ask someone to sign a nondisclosure agreement or NDA to keep your ideas confidential so Maxine may meet with a product designer to explain her idea before engaging their services but before Maxine discloses any information she could ask the designer to sign an NDA to make sure the designer doesn't use her information if you have a great business idea worth protecting get in touch with legal visions IP lawyers today

Thanks for your comment Ezekiel Jackovitz, have a nice day.
- Katharine Trueheart, Staff Member

Comment by Noah

Thanks for this interesting article

Thanks Noah your participation is very much appreciated
- Katharine Trueheart

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