The role of Australian trade mark attorneys is both legal and technical in nature. Trade mark attorneys advise as to whether trade mark applications lodged with IP Australia are likely to meet the requirements of a valid trade mark within the rules set out in theTrade Marks Act 1995 (Cth) and the Trade Marks Regulations 1995.
In addition, trade mark attorneys have the skills and knowledge to conduct effective trade mark searches based upon a client’s goals, for example pre-filing searches, an infringement review, and freedom to operate searches.
Australian trade mark attorneys maintain trade mark rights on behalf of their clients throughout the lifetime of a registration. Candidates must have suitable qualifications in order to practise as a trade marks attorney in Australia.
Baxter IP, are always on standby to provide expert assistance with your trade mark applications and other related matters. Our experienced trade mark attorneys can:
- Help you develop trade mark strategies that befit your business and commercial goals.
- Assist in maintaining your trade mark portfolio.
- Assist in investigating potential obstacles by performing effective trade mark searches in relation to your proposed trade marks. Advise you on selecting and deciding which trade marks to file.
- Help you identify all the relevant terms and the correct classification of goods and services in order to define the appropriate scope of protection for your trade mark.
- Conduct prosecution and prepare trade mark applications in the correct form for filing to IP Australia.
- Help facilitate trade mark protection outside of Australia, such as New Zealand, US and worldwide.
- Act on your behalf in brand protection matters, such as in trade mark oppositions, disputes and enforcement actions.
- Analyse any objections, should these be raise by the Examiner, and assist you in addressing them.
- Assist you in opposition proceedings, should your trade mark application be opposed by a third party.
- Review your trade mark application and correct errors to the extent allowable under the Trade Mark Regulations 1995, or where required, assist you on refiling your application, in the event that you have filed an erroneous application, or had an application filed poorly by any person without professional qualification or training.
