Rouse Lawyers

- The Law Firm For Business Owners and Entrepreneurs -

Call us: (07) 3648 9900

  • Home
  • Expertise
    • Corporate & Commercial
    • Private Wealth & Tax
    • Franchising
    • Technology
    • Intellectual Property
    • Commercial Litigation
    • Employment Law
    • Estate Planning
    • Property Law
  • About
    • Our Team
  • Reviews
  • Articles
  • Careers
  • Legal Guide
  • Contact

Trademark Clearance & Registration

Clearance searches

Before proceeding to use a new logo/brand we recommend searches are conducted to ensure there isn’t anyone else already using a brand or logo that is the same as or similar to your proposed branding in relation to the same or similar goods.  This reduces the risk of launching the new brand and that launch being stopped by someone claiming prior rights to a similar brand.

The searches also consider possible impediments to registration of the brand and/or logo as a trade mark.  Where you want to do some due diligence but need to consider where money is best spent, we can discuss that with you.

In Australia people can develop rights in a brand through use of the brand, even without a trade mark registration.  Any clearance searching therefore needs to include not only the trade mark register but public domain searching.

Our clearance searches are conducted on a fixed fee basis.  Clearance searching can be an expense people are reluctant to incur, however it is much cheaper than defending infringement action or rebranding.

Trade Mark Application process

In order to obtain a trade mark registration an application is lodged with the Trade Marks Office at IP Australia for the mark in one or more relevant classes.  There are currently 45 classes covering various goods and services.  Rouse Lawyers will identify relevant goods and services classes in order of importance to your business. We can then prepare applications, including descriptions of the goods or services in each relevant class. Once approved by you the application is lodged.

The application is then examined and a report issued.  The report will either accept the mark for registration or advise of issues in relation to the application that would need to be overcome before the mark could be accepted for registration.  Sometimes these issues are administrative, other times they are more substantial such as a concern that the mark is too descriptive or the existence of prior marks that are considered too similar to that in the application.

If a clear report is issued, the mark is then advertised as accepted. Other parties have 2 months in which to lodge objections to the registration.  If after 2 months no objections are lodged, the application is clear to be registered.  The mark will then be protected from the date of the original application.

Our trade mark application work is conducted on a fixed fee basis.

If there are objections to overcome, additional work will be involved. This can range from written submissions to statutory declarations providing evidence of use or intended use of the trade mark.  This work is provided on an hourly rate basis.

International applications

Rouse Lawyers can assist you in relation to protection of your trade mark overseas through international applications (Madrid Protocol).  We also use a network of overseas agents to apply for trade marks directly in many foreign jurisdictions.

Contact us with any assistance you may require in this regard.

ENQUIRE NOW

Enter your details below to get in touch with a legal professional and find out how Rouse Lawyers can help

We add new contacts to Rouse Lawyers database. We may send you information or service offerings we believe may be relevant to you. If you agree to being contacted by us in the future, send your enquiry. Naturally, you can unsubscribe any time.

Client Reviews

"The team at Rouse Lawyers has been fantastic."

The team at Rouse Lawyers has been fantastic. As a new technology startup, we had some unique requirements around licensing and partner agreements, trademarking as well as off-shore contractor agreements. Matthew and Patrick have been great to deal with – not only from an advice perspective but also delivering these agreements in a timely manner. Dealing with Rouse Lawyers has allowed us to concentrate on our business knowing the legal side is in good hands.

Gareth Beachy-HeadHub3c

"I would definitely recommend Robert Montes at Rouse Lawyers"

We approached Rouse Lawyers due to a shareholder dispute that we needed assistance with. This dispute was very upsetting to us as it involved other family members. Robert Montes was more than helpful with this tricky situation and we were able to solve all issues quite swiftly. Robert was very professional and was able to offer sound advice that greatly improved the outcome. I really liked the way in which he made us feel comfortable with talking to him and then the way in which he then dealt with and executed solutions. I would definitely recommend Robert Montes at Rouse lawyers to people who are looking for assistance and in particular with shareholder disputes. The experience as a whole was very positive and we were able to settle the dispute with minimum fuss.

Kris And Helen EleveldLifestyle Wardrobes

"We highly recommend Matthew Rouse of Rouse Lawyers"

We engaged the services of Matthew Rouse of Rouse Lawyers for the sale of our Medical business. We understood this process could be long, stressful & complicated as it indeed turned out to be. Matthew handled the process with great care, patience & diligence & he helped to drive the negotiations forward culminating in a successful outcome. Matthew was always available for comment & advice & his unflappable nature was of great reassurance to us. We highly recommend Matthew Rouse of Rouse Lawyers.

Ailbhe & Frank Cunningham

PRIVACY POLICY DISCLAIMER TERMS

BRISBANE OFFICE

Ph: +61 7 3648 9900

Fx: +61 7 3648 9911

Level 2, 22 Wandoo St, Fortitude Valley, QLD 4006

17-Page Guide Reveals:

How To Protect Your Business and Your Assets While Allowing Your Business To Thrive

Written by Matthew Rouse, commercial lawyer and founder of Rouse Lawyers.

17-Page Guide Reveals:

How To Protect Your Business and Your Assets While Allowing Your Business To Thrive

Written by Matthew Rouse, commercial lawyer and founder of Rouse Lawyers.

Sign Up To Our Newsletter