Trade marks

A trade mark distinguishes your goods and services from other goods and services, and they consist of a word, a group of words, letters, numbers, sounds, smells, shapes, logos, pictures an aspect of your packaging, or any combination of these.

A trade mark once registered will give you the exclusive right to use, license or sell the trade mark within Australia for the goods and services for which it is registered. A trade mark may also be registered for use in foreign countries if applicable to protect your rights overseas as well.

A registered trade mark is an important aspect of your organisation’s intellectual property assets, and can be vital should another organisation or person attempt to infringe your trade mark.

Whilst there are remedies available to you if another person infringes a trade mark that you have not yet registered, through an action known as passing off. This can be a lot more complicated (and expensive) to pursue than if you had a registered trade mark that you were able to enforce.

A trade mark can only be registered if it is capable of distinguishing your goods and services, and therefore generic words that other traders are likely to need to use to describe their goods and services, will not be capable of registration. Our intellectual property team can advise you as to whether your trade mark or logos are capable of registration.

An application to register a trade mark can be invaluable to your business. Please contact Melanie Heard on 9806 7418 or Stephen Jenkins on 9806 7447 to discuss registering your trade mark in more detail.

Patents

A patent is an intellectual property right that is granted in respect of any process, device, substance or method which is useful, and most importantly, inventive and new.

A registered patent will give you protection over your new technology for a certain period, giving the inventor, significant commercial advantage and gain. A patent will give you as the owner the exclusive right to commercially exploit the invention during the period of the patent.

You will not be able to register a patent in respect of your technology if you have revealed it (by demonstrating, selling, or discussing) in public, prior to obtaining your patent. Our message to you then is to remember to keep quiet about your technology until firstly obtaining legal advice as to how to protect it.

FURTHER INFORMATION 

This Information Outline is provided courtesy of Matthews Folbigg who are experienced in this area of law. They are located at Level 7 The Barrington, 10-14 Smith Street, Parramatta NSW 2124 or call them on (02) 9635-7966 if you would like more information on this legal topic, or you wish to obtain formal advice regarding your situation.

MatthewsFolbigg is a large commercial law firm based in Parramatta, New South Wales. The firm has Accredited Specialists in Business Law, Property, Immigration, Family Law and Personal Injury. MatthewsFolbigg has specialist groups advising clients in corporate structures, intellectual property, and information technology plus franchising, estate planning and insolvency work.