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Written by : Rosendo Bermejo |
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trademarks are a great way to protect your brand they're an important piece of intellectual property which help to distinguish your products goods and services from your competitors trademarks can include things like logos taglines or brand names however not everything is capable of being protected errors or delays in your application can be costly it's important to make sure you file your trademark as soon as possible to avoid a similar trademark being registered first you can do searches to see registered and unregistered marks in australia they can help to identify marks which may be identical or similar to yours you may need to amend your trademark if there is a confusingly similar one in the same category as yours after you determine whether you have a trademark that you want to protect and you have conducted a thorough search you can apply for registration in one or more classes that relate to the goods and services you provide there are two ways by completing a pre-filing assessment or completing a full application with a pre-filing assessment ip australia's trademark examiners will contact you within five working days of the application to advise whether your full trademark application has a good chance of being successful with a full application ip australia will contact you with a notice of acceptance or an examination report while the application is pending you can legally use the trademark symbol once you receive the certificate you can legally use the registered trademark symbol you'll need to renew your trademark every 10 years if you have any questions about registering a trademark get in touch with legalvision
Thanks for your comment Elane Mclaws, have a nice day.
- Rosendo Bermejo, Staff Member
does it cost thousands to register in Australia you're looking at about $1400 so one hundred and forty dollars a year basically averaged out over the ten years so is that too much money to pay it's $1400 too much to pay well a lot of business small business people think it is and they're prepared to put up with the risk but think of how much I mean I paid thousands of dollars for my website this is a one-off payment of for 10 years how many people know of anything that you pay once in 10 years does anybody know of anything else it's just incredible that you know you would hesitate to pay that small amount of money to have the peace of mind that you're actually own a brand and that is actually safe so we do the research part first and that's an additional cost but if I say to you pay me $1,000 and I'll tell you whether you can save 15,000 in a trademark dispute is it a good commercial decision to say no I'm not going to do that I'm going to take the risk because I do have that I do have people that say that and in two cases last year funnily enough in the same area they both decided that they paid me the money to do the research but I told them not to use it and within six months of one starting to use it and 18 months of another they both got a cease and desist letter now this comes back to the information that you're looking at I gave them the information that the brand was not a good brand to go ahead and they said well I will because once there was a company in Queensland and another one had a company that was a competitor in Adelaide and they said I don't think there's going to be a problem so I trademark registration is australia-wide so those owners in those states have got it doesn't matter where anybody is they can challenge the use and send them a cease and desist letter and that's exactly what they did and so those owners had put in 18 months and six months worth of time and effort into a brand and the money to set it up and both of them had to change so I think in business there are expenses that you just have to pay and it's an insurance and that's part of it because you're risking a lot
Thanks ikkermuntG your participation is very much appreciated
- Rosendo Bermejo
About the author
I've studied education policy at Waynesburg University in Waynesburg and I am an expert in ring theory. I usually feel naughty. My previous job was hotel manager I held this position for 19 years, I love talking about lock picking and caber toss. Huge fan of Bill Cosby I practice jai alai and collect autographed baseballs.
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