The laws to a trademark
Section 17 of the Australian Trade Marks Act defines a trade mark as “a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person”
Under the Trade Marks Act 1995 of Australian laws, an individual or business is protected against any other trader using their goods and services under their trademark in the market place. This law is administered by IP Australia, an Australian Government agency under the Department of Tourism and Resources. Registration of your trademark is a detailed and slightly complicated process. Therefore, it requires legal guidance to guide you in choosing the correct trade mark for you and safeguarding you from the risk of being sued for infringing the trademark of another trader.
There are also many words which are protected by the law and cannot be registered. An efficient trademark attorney will be aware of all the prohibitive words and will advice you in choosing a unique trademark, that is not in any way identical or even deceptively close to an existing trademark. Registration fees for trademark is not refundable and in the event the rejection of the proposed trademark, you will not get it back. It is therefore, advisable to hire a person who can help you do your job perfectly.
There are certain qualities that a good trademark attorney should possess. A good attorney must not only have strong technical prowess but must also possess legal and communication skills. They must also be aware of the fact that their job is not limited to obtaining patent protection for clients, but also involves leading or guiding the clients through the registration process and, ultimately, advancing the business of the client. Stepping into the clients shoes and understands the unfamiliarity to the technicalities they may be facing. This is the key to the success of any trademark attorney. They should be able to explain clearly the basis for the acceptance or rejection of the proposed trademark.
The Australian law is known for being firm and the government always protects its people being supported by the judiciary. Melbourne has no dearth of the best law firms, each unique in their approach. One of the prominent law firms is Allen. Allens holds a strong reputation and an exemplary record in all spheres of intellectual properly. Patent litigator Richard Hamer in Melbourne acts for clients including IKEA, the Australian Rugby Union and Sony Music Entertainment. Ashursts’ Anita Cade and Peter Chalk are famous trademark attorneys based in Melbourne and adopt a practical and cost effective approach towards their cases.
Herbert Smith Freehills’ team stands out for exceptional handling of big-ticket IP litigations with tactically astute practice head Sue Gilchrist. Celia Davis is another expert trademark attorney. The firm has a specialised IP team with clients including Apotex and Swisse Wellness.
Among others, Katrina Rathie of King and Wood Malleson’s is known for her expertise in IP litigations, as is media copyright expert, Andrew Stewart of Baker & Mckenzie.