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Trade Mark Registration

After you lodge an application for a registered trade mark, the application is processed by the Trade Marks Office. It will be examined for registrability and the Examiner will conduct a search and report if there are any similar trade marks currently in the register. It may be necessary to prepare and supply arguments or amendments to convince the Examiner your trade mark is sufficiently different to an existing mark and not too descriptive.

Registration gives you the exclusive right to use the mark as a brand name and covers the whole of Australia. Australia operates under a “first to use’ wherein the first to use a Trade Mark obtains rights under common law in the Trade Mark.

Many overseas countries, however, operate on a “first to file” system so even though you may be using your trade mark overseas, another person can apply to have the mark registered and prevent you from using it in that country. Making overseas trade mark applications as soon as possible will give you the best prospect for protection.

Our team of Trade Mark Attorneys at Lord and Company are able to advise you on all facets of gaining a Trade Mark Registration, we also offer a free initial consultation to get you started on the process.