Trademarks & Intellectual Property Lawyer
Protect Your Brand and Intellectual Property
Your business name, logo, brand and intellectual property can be among your most valuable business assets. Protecting them helps safeguard the reputation and goodwill you’ve worked hard to build.
At Rise Legal, our trademark lawyers help Australian businesses register and protect their trademarks, understand intellectual property ownership and put appropriate commercial agreements in place.
Registering a business name with ASIC does not give you exclusive trademark rights to that name. A registered trademark can provide stronger legal protection for your brand in relation to the goods and services covered by the registration.
We assist with trademark searches, applications, registration advice, intellectual property licences and agreements dealing with ownership and confidentiality. Our services are offered on a fixed-fee basis, with the scope and cost agreed upfront.
With offices on the Gold Coast, in Perth and Sydney, we assist business owners across Australia.
- ZTrademark applications
- ZTrademark availability searches
- ZBusiness name and logo protection
- ZTrademark registration advice
- ZIntellectual property licences
- ZConfidentiality agreements
- ZContractor IP ownership clauses
- ZEmployee IP provisions
- ZTrademark assignments and transfers
- ZCommercial agreements protecting IP
Trademark Registration in Australia
Registering a trademark can help protect your business name, logo, slogan or other identifying brand elements from use by competing businesses in relevant markets.
A registered trademark provides exclusive rights in Australia for the goods and services covered by the registration, subject to applicable law.
At Rise Legal, we assist business owners with preparing and lodging trademark applications through IP Australia, reviewing potential registration issues and identifying appropriate goods and services for their applications.
Why Register Your Business Name as a Trademark?
Many business owners assume that registering a business name or company name automatically protects their brand. However, business name registration and trademark registration serve different purposes.
Registering a business name with ASIC identifies the business operating under that name. It does not, by itself, give you exclusive trademark rights.
A registered trademark can provide important benefits, including:
- Exclusive rights to use the registered mark for the goods and services covered.
- Legal protection against certain unauthorised uses of similar trademarks.
- Greater certainty when building and promoting your brand.
- An identifiable intellectual property asset that may be licensed or transferred.
- Protection throughout Australia, rather than being limited to the city where your business operates.
Registration is not automatic, and existing trademark rights or other legal issues may affect your application. Obtaining advice before applying can help identify potential problems.
Our Trademark Registration Services
Rise Legal offers practical, fixed-fee trademark registration services for Australian businesses.
Depending on the agreed scope, our services can include:
- Discussing the trademark you want to protect.
- Conducting preliminary trademark searches.
- Advising on suitable classes of goods and services.
- Preparing and lodging your trademark application with IP Australia.
- Explaining the registration process and important timeframes.
- Assisting with straightforward examination queries where included in the agreed scope.
Additional work, such as responding to complex objections or oppositions, may require a separate scope and fee arrangement.
Protecting Intellectual Property Through Commercial Agreements
Trademark registration is one part of protecting a business’s intellectual property.
Businesses should also consider who owns intellectual property created by employees, independent contractors and commercial partners, and how confidential information can be used.
Depending on your circumstances, Rise Legal can assist with:
- Contractor agreements: Documenting ownership and assignment of intellectual property created during an engagement.
- Employment agreements: Addressing confidential information and intellectual property ownership.
- Confidentiality agreements: Establishing obligations relating to sensitive commercial information.
- IP licence agreements: Documenting permitted use of trademarks, branding and other intellectual property.
- Shareholder and joint venture agreements: Clarifying intellectual property ownership and use between business participants.
Having appropriate agreements in place can help reduce uncertainty about ownership and commercial use of intellectual property.
Frequently Asked Questions About Trademarks
Is registering a business name the same as registering a trademark?
No. Registering a business name with ASIC does not automatically provide exclusive trademark rights. Trademark registration through IP Australia can provide statutory protection for the relevant mark and goods or services.
Can I trademark my business name or logo?
Potentially, yes. Business names, words, logos and other signs may be eligible for trademark registration, provided they satisfy the applicable legal requirements.
How long does an Australian trademark last?
An Australian trademark registration generally lasts for 10 years from its filing date and can be renewed for further 10-year periods.
Does registering a trademark protect my brand overseas?
No. An Australian trademark registration generally provides protection in Australia. Separate international protection may be needed if you operate or plan to expand overseas.
Can I use the ® symbol after applying for a trademark?
No. The ® symbol is reserved for registered trademarks. Applying for registration does not, by itself, give you the right to use that symbol in Australia.
Does Rise Legal offer fixed-fee trademark registration?
Yes. Rise Legal offers fixed-fee trademark registration services, with the agreed scope, professional fees and applicable government charges explained upfront.
Speak with Our Trademark Lawyers
Looking to register a trademark or protect your business’s intellectual property?
Rise Legal helps business owners across Australia understand their trademark registration options and put appropriate legal protections in place.
Call 1300 064 707 or contact Rise Legal to book a free initial discovery call.
Disclaimer: The information provided on this page is general in nature and is intended for informational purposes only. It does not constitute legal advice and should not be relied upon as a substitute for advice tailored to your specific circumstances. We recommend seeking independent legal advice before making any decisions based on this information.