WHY A PRIVATE TRADEMARK ATTORNEY?
Patent and Trademark Attorneys, are consultants and minimise conflicts and ensure that your patents, trademarks and product design applications don’t contain mistakes, problems or lack detail to win enforcement proceedings.A lot of information is empowering business owners too much, and consequently Court actions involving DIY applications are resulting in Judges invalidating (voiding) Patent and Trademark Registrations.
Take a look at our blog news section regarding the many Court actions where trademarks failed to be enforceable or were removed by Court order.
A trademark attorney can help you avoid costly legal problems by conducting a comprehensive trademark search before filing your application. In addition to searching IP Australia’s database, a comprehensive search will also search other sources for common law unregistered trademarks. Even trademarks that are not Registered, but are similar to yours in a similar sector could stop you from trading with your registered trademark.
Filing a trademark application starts a legal application governed by the Australian Trademark Act 1995 (Cth). While you may represent yourself, most businesses have specialist Trademark Attorneys do this for them.
A private trademark attorney is licensed to practice trademark law in Australia. We provide legal advice, help you avoid pitfalls with your application which can be fatal when enforcement proceedings commence, we also increase your likelihood of gaining a registration, avoiding trademark infringement and help you enforce your trademark rights.
Our Trademark company, like Trademark Lawyers, provide much more than these services in trademark consultations:
- Do you know if your chosen brand or logo is protectable?
- Do you know if you will infringe another brand or logo?
- Can you accurately identify and classify your goods and services in an application?
- Are you aware of your legal rights to respond to a refusal to register your mark by the Trademark Office?
- Do you know what the correct ownership for a trademark application?
- How can you expand these trademark rights overseas?
- How do you spot copycats?
- What if a third party opposes registration of your trademark application?
- What if you receive an infringement letter?
Our private trademark company like our firm has trademark consultants who specialise in the range of circumstances that may occur to you during your business life.
Patent, Trademark and Product Design protection
21 Years Experience – Fellows of the Australian Institute of Patent Attorneys – Call today on 1300 138 802 to obtain protection for your intellectual property.
can include patents, trademarks and designs and many other forms .
your ideas, inventions, innovations, devices, substances.
your business name, company name, logo, brand and slogan, etc.
to protect the new shape or design of a new (or existing) product.
What type of protection does your brand need
MEET YOUR PATENT ATTORNEY
13 years Fellow of the Australian Patent Attorney Institute
→ 21 years Experience
→ Registered Patent Attorney and Trademark Attorney
→ Bus. Mgmt. (Cert IV)
→ B. Sc. (hons) Biotechnology
Blackberry sues Facebook – claiming that WhatsApp & Instagram infringe it’s patents. It’s no news to anyone that Blackberry has been losing substantial market share to other corporations such as Facebook and Google. They are suing Facebook for using “messaging processes” which are apparently patented.What you probably don’t know is that BlackBerry has a large patent portfolio, with an estimated 40,000 global patents on technology including operating systems, networking infrastructure, acoustics, messaging, automotive subsystems, cyber security and wireless communications.In this case, Blackberry shows companies that you can use Intellectual Property against marketplace leaders.Patents are a form of monopoly right, used to claw back market share by stopping use of readily used, patented technology. Got an idea of your own? Why not protect it by requesting an information pack. Disclaimer This article is written in general terms to assist and guide inventors and commercialisation institutions to avoid some common patenting mistakes. You should always seek specific advice concerning your unique situation from a Patent Attorney.
It’s not enough to apply for a Trademark – The Anchorage Court Case Don’t rely on Trademark Registrations As most of you will come to appreciate from other Trademark Court actions we have reported in our news feed, it’s insufficient to have “a Trademark Registration” if the legal basis for owning it is incorrect or the detail in the Registration is wrong. These essential things can only be checked by a Registered Trademark Attorney and are not looked at during Examination by the Trademark office.Trademark Registrations are constantly being cancelled by Courts because they do not comply with the Trademark Act requirements to “own”. Then the helpless ex-trademark owners wear the infringement consequences. What Trademark Registrations were removed? In the Anchorage case, three Trademark Registrations owned by an Australian company (ACP) were ordered by the Judge to be removed:1.ANCHORAGE 2.ANCHORAGE CAPITAL and 3.ANCHORAGE CAPITAL PARTNERSNow IP Australia has removed (cancelled) these Registered Trademarks. Why were they removed? Because they should have been “owned” by a United States (US) company because they had sufficient earlier use which qualified under the Trademark Act as “trademark use”. This is different from ordinary commercial use. How long were these ex-trademarks owned by ACP? They owned the three Trademark Registrations for 7 years (since 2011) before the Court case arose and their Trademark Registrations were then removed.This left ACP, the ex-owner of the Trademark Registrations in damage control, since they believed they owned the brand, had developed goodwill and reputation and had now had expensive litigation matters and losses. The conflict was with different brands, so be careful of thinking your brand is “different” If you are thinking it has to be the same trademark for problems to arise, you couldn’t be more mistaken. The other party had established owned of the brand but they had been using the extra word FUNDS (ANCHORAGE FUNDS), and they still managed to succeed to make out the case that the Trademarks should be removed.So if you’re thinking you’re “all good” in having a Registered Trademark, or an Accepted Trademark, you should really be thinking about having one of our Trademark Attorneys spend comprehensive time to look at your brand and trademark portfolio. It’s always a good idea to have your trademark application regularly audited, to ensure it is “current” and “complies” with your obligations under the Trademark Act and Regulations. Disclaimer This article is written in general terms to assist and guide inventors and commercialisation institutions to avoid some common patenting mistakes. You should always seek specific advice concerning your unique situation from a Patent Attorney. Need help with your Trademarks? Information Pack Request Form Book a Meeting with a Trademark Attorney
PATENT PROTECTION – How to Patent Your Idea Patent Traps – What to avoid: 4 Tips for inventors This article is written in general terms to assist and guide inventors and commercialisation institutions to avoid some common patenting mistakes. You should always seek specific advice concerning your unique situation from a Patent Attorney. For the reasons outlined below, we recommend continual involvement of a Patent Attorney at every step and stage of Commercialisation, if only to check that there are no detrimental consequences to your monopoly rights.So what are the key mistakes that inventors make which invalidate their patents? 1. Disclosure Before Publication Many inventors are “too” passionate about their idea. Also, Researchers in Universities, Hospitals or other organisations usually feel the need to publish their new work to assist in obtaining funding for further research or for “fame” for that next position.Know that it is clear patent law (novelty rules) that early disclosure in any form, including publication jeopardises patent protection and ruins your ability to gain a marketplace monopoly. Under Australian law, overseas disclosure can count against you too, just as if the disclosure is made within Australia. So – keep it secret until your Patent Attorney has filed a patent for you.For example, a power point presentation or newsletter release before filing a Patent Application invalidates the patent rights.The only way to disclose without destroying novelty is to have a confidentiality agreement signed by the other party.Some countries, such as Australia and the United States (USA) allow a “grace period” for up to 12 months against prior publication, but it should not be relied upon as there can be problems with enforcement and the extent of damage claims.It also pays to keep a “lab record” or notes of your invention because in some jurisdictions (USA) this can assist to identify who the rightful owner of an invention. 2. Searches – Re-inventing the wheel happens all to often. Countless times we have been approached by inventors, including Universities, only to find in our searches that their research was not novel and had already been patented.Early searching saves substantial funds and wasted time in many cases for our clients. The last thing you want to find out is that back in 2002 the same discovery was made and invention forged.Always do as much searching as you can, and also have your professional patent attorney involved at an early stage. 3. Insufficiency We are finding more and more cases where the inventors have gone too far to form conclusions without the appropriate experimental results or evidence to support their claim to an invention.As of the date of the patent is a legal requirement that you have reasonable experimental proof to “claim rights” to your invention, without the need for further experimentation or invention by others. Sometimes more than one test is required to meet the patent sufficiency requirements.Also, well reported and written documentation of the experiments are data must be kept and backed up, in a safe, or in several locations. This may be needed to defend the patent against invalidity submissions made against the Patent during enforcement proceedings. 4. Improvements – Be careful to publish We constantly remind clients, but if any improvements are made after the first patent is lodged, then a second patent must filed to capture the improvement, before it is disclosed.Also, it is questionable whether you should “academically publish” the invention after a provisional is filed. This can be quite dangerous if improvement patents are lodged. The academic disclosure may invalidate the improvement patent because it is considered obvious when considered in light of the academic paper or publication.This is particularly the case if researchers suggest in their publications that further experimentation would lead to improvements – thereby resulting in the improvement patent being considered obvious and therefore invalid. Conclusion Always be guided by your Patent Attorney every step of your commercialisation pathway. It is difficult to remember everything that is required, and easy for an inventor to invalidate or forfeit their position by making incorrect decisions.Please contact our firm to assist in protecting your valuable Intellectual Property. Meetings can be booked online here.
Blackberry sues Facebook – claiming that WhatsApp & Instagram infringe it’s patents.
It’s not enough to apply for a Trademark – The Anchorage Court
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