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+61 2 7204 5970

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OUR EXPERTISE

Trade Mark & Brand Protection

OUR EXPERTISE

How Can We Help You

Comprehensive Brand Protection services including Trade Mark Registrations, Enforcement and Commercialisation.
We know you’re working hard to build and grow your brand. We know what it’s like – we’re a startup too.

Your trade mark protects your business’ unique brand and identity and allows you to build up a reputation and establish customer loyalty. We’ll help you protect your brand and business with the same passion and attention to detail we’d want. 

Why Choose Level Up Legal
  • We are fast, effective, and affordable.
  • We offer fixed-price services so that you know exactly what you'll be getting and when.
  • We are experts in our field.
  • We provide clear commercial advice without the legal jargon.
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What is a Trade Mark?

A trade mark is a type of intellectual property (IP) that helps to protect your business’s brand and unique identity by distinguishing your goods and services from those of other businesses.  

It’s more than just a logo – it can be a word, shape, slogan, or colour scheme that gives you an advantage over your competitors and shows consumers that what you’re offering really is unique.

Benefits Of Registering A Trade Mark

Having a trade mark registration creates legal protection for your brand and gives your business the exclusive right to use the trade mark. It is one of your business’s most important assets and grows in value as your business grows. 

Registering a trade mark with IP Australia can also offer you protection from potential lawsuits by other companies with the same or similar names, slogans, or designs. You have the right to take legal action against those who infringe your trade mark. 

Looking to grow in the future? Investors want to see that the business has its IP protected before putting any capital at risk. Trade mark registration also gives you the right to license and sell the trade mark, so it opens the door to franchising. 

Level Up Legal Trade Mark Services

We can assist you with the following:

  • Prosecution to registration.
  • Comprehensive trade mark searches.
  • Trade mark oppositions and non-use applications through IP Australia.
  • Trade mark portfolio management and support.
  • Licensing and assignments.
  • Commencing or defending trade mark infringement proceedings.
  • Related Federal Court litigation, including passing off and misleading and deceptive conduct claims.
  • Obtaining copyright permissions.

YOUR FAQs

Got A Question About Trade Mark Law?

Here are some common questions our past clients have had about trade marks to help you get started.

 

Why Do I Need A Trade Mark Lawyer?
Getting a trade mark registered is not just about filing an application. It forms part of your branding strategy. It could be costly if a trade mark application is not filed correctly or if other factors (such as the registrability of your trade mark or your business objectives) are not taken into account. A trade mark lawyer is specialised in helping you achieve your branding strategies by ensuring that the prosecution to registration of your trade mark is done correctly.
What Can Be Trademarked in Australia?
Generally, you can trade mark your business name, logo or a composite mark for the goods and/or services that you intend to provide or are already providing. However, there are some marks that are not allowed to be registered. For example, if your mark is likely to mislead or deceive, is scandalous or contrary to law, it is unlikely to be accepted. There may also be registrability issues IP Australia may raise, so it is best to consider these right from the very start of your branding strategy to avoid incurring further costs down the track.
What Will It Cost Me to Register a Trade Mark in Australia?
The cost will largely depend on how many classes a trade mark application is filed in. The more classes the application is filed in, the higher the costs. You can find IP Australia’s official fees here. Professional fees apply if you engage us to assist you with your trade mark registration. There may be further costs if your trade mark application has registrability issues or is opposed by a third party.
How Long Will it Take to Register My Trade Mark?
If your trade mark application is a straightforward one, it usually takes approximately seven to eight months from the filing date to registration. This is based on IP Australia’s current timeframe. If there are registrability issues that you need to overcome before your trade mark is accepted, or if a third party opposes your trade mark application, the time from your trade mark application to registration will stretch out.
I Haven’t Registered My Trade Mark, Can I Still Protect It?
We can definitely help you with your trade mark registration in order to protect your mark, if you have not registered it. If you are looking to enforce your unregistered trade mark rights, you can still do so but not through the trade mark infringement process. We can assist you in looking at other options to protect and/or enforce your unregistered trade mark by other common law avenues.
What Can I Do If Someone Is Infringing My Trade Mark?
You should collect as much information as you can on the infringer and their use of your trade mark. For example, how the infringer is using your trade mark on his/her website or on his/her products, where the infringer is based etc. You should then consider engaging a trade mark lawyer to advise you on your options for the next steps you can take. Options include potentially sending a cease and desist letter, entering into negotiations, and as the last resort, commencing litigation. This is to ensure that your next steps will not jeopardise your legal, financial or reputational position.
What Can I Do If An Overseas Company Is Infringing My Trade Mark?
You should collect as much information as you can on the overseas company and their use of your trade mark. For example, how they use your trade mark, if the trade mark is being used on their website only or on multiple online sales platforms, where the overseas company is based etc. You should then consider engaging a trade mark lawyer to advise you on your options for the next steps you can take. This is to ensure that your next steps will not jeopardise your legal, financial or reputational position.
Can I Seek To Register A Trade Mark Overseas?
Yes, you can file an application for a trade mark overseas. Depending on where you would like to provide your goods and/or services, it is wise to consider getting your trade mark registered in those particular countries. We can help you with either a direct filing or filing via the Madrid system, depending on your circumstances.

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In your free phone consultation, we’ll listen to your questions and concerns, discuss your options and suggest the next steps.

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BRIGIT RUBINSTEIN

Principal Lawyer l Co-Founder

CONTACT

+61 2 7204 5972
brigit@leveluplegal.com.au

OFFICE ADDRESS

Level 13, 111 Elizabeth Street
Sydney   NSW   2000

POSTAL ADDRESS

PO Box 2050, Rose Bay North, NSW 2030

ZAN LEE

Principal Lawyer l Co-Founder

CONTACT

+61 7 3924 3330
zan@leveluplegal.com.au
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