Trademark
Attorney
& WHAT DOES A TRADEMARK ATTORNEY DO?
WHAT IS A
TRADEMARK ATTORNEY?
Trademark Qualifications.​
In a nutshell, a trademark attorney (more correctly, a "trade marks attorney"), is a person who has legal qualifications permitting them to represent clients in protecting their brands, logos, slogans, colours, shapes, signatures, and even smells, at the Trade Marks Office (IP Australia).
In certain countries of the world, a trademark attorney requires a law degree and then further trade mark specialist subjects to be able to be allowed to practice as a trademark attorney by the body governing trade mark practice.
In Australia, one requires an undergraduate degree and then one is required to pass specialist intellectual property (IP) subjects administered by the Trans-Tasman Intellectual Property Attorneys Board (TTIPAB).
Register Trademarks.​
Registered trademark attorneys provide advice as to which trade marks are still available for registration in your intended class - it's useful to know that all trademarks are classified into one or more of 45 classes relating to goods (i.e. products) and services.
A trademark attorney can help you by advising you whether your name is still available in the relevant classes by doing a trade mark search to see if there are any blockers which can stop your from obtaining trademark registration for your name.
Overseas Trademarks.​
A registered trademark attorney can also assist you in dealing with disputes, for example where there is an existing business name on the register which has not been registered as a trademark, but which is troublesome for your registration.
As such, trademark lawyers can represent you at the Trade Marks office during opposition proceedings, either to stop a competitor's mark from going through or in cases where your mark is being opposed by a third party.
As always, IP is a complex field so please contact us and speak to one of crew members before taking any final decisions regarding your branding.
It takes 8-12 years on average to qualify as a patent attorney and all patent attorneys have engineering or science degrees as well as legal qualifications, backed up by years of intense training. Writing a patent is part science, part art, and much like heart surgery, it's best left to the professionals.
Our pricing starts at $5000 for a provisional patent application, which lasts for 12 months, and is usually the first step in the patenting process and allows you the opportunity to get feedback on your idea and fine tune it before a "complete" application.
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Once you have conducted a patent search, we can file a patent application for your invention if it is new and inventive over any prior disclosures that you may have found. Of course, you can also instruct us to do a patent search on your behalf, as mentioned above, but most clients do a great job using the links to free patent databases that we send them.
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No search is fully exhaustive or conclusive, so for this reason it is important to include as much information as possible in the provisional patent application, so that you have as many fallback positions as possible, if it turns out that certain aspects of your invention have been done before. For this reason, we believe in writing your patent document to global best practice quality levels (We can also get the Patent Office to conduct an International Type Search on your behalf for the same amount of money or slightly less once a patent application has been filed).
Once we’re done with it, your provisional patent application can serve as the basis for patent applications in nearly every country of the world.
Our Pricing For Australian provisional patent applications is dependent on how much time we need to spend in describing the invention and is thus dependent on the complexity of the invention.
We will always do an upfront quote first, which ensures you remain in total control of the process throughout.
