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Download Free trademark e book

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  • Address: PO Box 1295, Maleny, QLD 4552

    www.quickoffthemark.com.au - Email: wayne@qotm.com.au

    Free Phone: 1800 35 25 75 - Direct Phone: +61 7 31023775

  • Address: PO Box 1295, Maleny, QLD 4552

    www.quickoffthemark.com.au - Email: wayne@qotm.com.au

    Free Phone: 1800 35 25 75 - Direct Phone: +61 7 31023775

    Table of Contents

    Trademark Searches ................................................................................................................... 3

    How to Conduct Your Own Trademark Search ..................................................................... 3

    Step One: ............................................................................................................................ 3

    Step Two: ............................................................................................................................ 4

    Hire a Trademark Professional to Conduct Your Search ....................................................... 5

    Australian Trademark Registration ............................................................................................ 5

    Trademark Searches ............................................................................................................... 6

    Submitting an Application ..................................................................................................... 7

    Trademark Examination ......................................................................................................... 8

    Trademark Registration .......................................................................................................... 8

    Adverse Reports ......................................................................................................................... 8

    What is an Adverse Report..................................................................................................... 9

    How to Respond to an Adverse Report .................................................................................. 9

    Adverse Report Time Frames .............................................................................................. 10

    Taking the Headstart Path .................................................................................................... 11

    What Can Quick off the Mark Trademarks do for YOU ........................................................... 12

    Trademark Services .............................................................................................................. 12

    The Steps to Trademark Registration ................................................................................... 12

    Our Range of trade mark services include: .......................................................................... 14

    Our Reach ............................................................................................................................. 14

    Contact Quick off the Mark Trademarks ....................................................................... 15

  • Address: PO Box 1295, Maleny, QLD 4552

    www.quickoffthemark.com.au - Email: wayne@qotm.com.au

    Free Phone: 1800 35 25 75 - Direct Phone: +61 7 31023775

    Trademark Searches

    The definition of a trademark is a symbol, word, or series of words that identify a company, or

    a product or service of that company. Before you can register your business name or company

    logo for trademark protection, IP Australia must analyze your application to determine whether

    your mark is eligible for registration. One of the conditions for eligibility is that your mark

    must be completely unique within your market, and is not identical to or confusingly similar

    with another mark. If your mark looks like another companys mark, and if that mark identifies

    the same goods and services, you will be infringing upon the rights of that trademark holder.

    Infringement upon a registered trademark holders mark can come with legal ramifications.

    Filing for trademark registration can be long: so it pays to conduct your own trademark searches

    before you file your application. IP Australia, the governing body for trademark law in

    Australia, has a range of search resources available to you. You should also consider seeking

    the advice of a trademark professional before you file your application.

    How to Conduct Your Own Trademark Search

    Step One:

    The first step to conducting your own trademark search is to perform a preliminary search of

    IP Australias databases. By performing this informal search, you will unearth results of

    whether or not your mark is currently being used by a registered or unregistered party. If you

    attempt to register a mark that is already being used, you may be held liable for trademark

    infringement, even if the other party has not formally registered their mark. By conducting a

    preliminary trademark search, you can quickly reveal whether your mark is unique and unused

    by other parties, and you can also avoid being sued for infringement.

    You can perform a basic search through a search engine such as Google.com. This will reveal

    whether your mark is widely used, but not whether your mark is eligible for registration.

  • Address: PO Box 1295, Maleny, QLD 4552

    www.quickoffthemark.com.au - Email: wayne@qotm.com.au

    Free Phone: 1800 35 25 75 - Direct Phone: +61 7 31023775

    Let us do a Free Trademark Search - http://quickoffthemark.com.au/free-trademark-search/

    You should also access IP Australias search tools. You can start by using the ATMOSS

    database. Use this database to discover whether your proposed mark is being used for products

    or services that are similar to your own: for example, you might want to register your mark as

    the branding for your own line of hair products. You should search for similar marks on

    shampoo bottles, hair sprays, hair oils, hair bands, and other related products.

    Keep in mind that the results of your initial search cannot tell you whether or not your mark is

    eligible for registration. The purpose of this initial search is to find out whether or not your

    mark can be used at all.

    Step Two:

    Once you have conducted your initial search, you can use ATMOSS and IP Australias other

    search tools to perform a comprehensive search of all Australian trademark databases. These

    searches will allow you to see marks that are not only identical to your own, but are also similar

    to it.

    You can begin your comprehensive search by entering a specific search query into the

    appropriate ATMOSS fields. You should search for words that are not only identical to those

    included in your trademark, but also those that are similar.

    The aim of this search is to identify marks in use that are similar to your own, and so could

    raise infringement issues if you go ahead with your trademark application. To find these marks,

    you need to be creative with your search terms. Include terms that are only a portion of your

    own trademark; change the order of words within your trademark; alter the spelling and look

    for synonyms; add quotation marks and search for exact phrases. Using the previous example

    of hair products, you might wish to trademark Glamour Hair Care Range. In this case, you

    would search for a number of different phrases: glamour hair, glamour care, hair care

    range, and so on. You might also vary the spelling: hare in place of hair, glama, glammor,

  • Address: PO Box 1295, Maleny, QLD 4552

    www.quickoffthemark.com.au - Email: wayne@qotm.com.au

    Free Phone: 1800 35 25 75 - Direct Phone: +61 7 31023775

    or glamor in place of glamour. You need to be thorough in your search to ensure that you

    have uncovered every possible case of infringement.

    Hire a Trademark Professional to Conduct Your Search

    Conducting a trademark search is a complex process for those who are unfamiliar with the

    process. It is easy to miss a step or use the wrong search terms, thus not uncovering the identical

    or similar marks that could pose threats of infringement. When you hire a trademark

    professional to conduct your search for you, you will receive a professional opinion of whether

    or not your mark is eligible for registration. A trademark professional will have further access

    to additional search resources, and will also be able to interpret the results of a search more

    accurately.

    Similarly, a trademark professional can offer you legal guidance if you should unearth a

    number of similar marks to your own. You may not wish to alter your mark: in this case, you

    will need the advice of an professional. You cannot navigate the legal complications of

    trademark infringement alone.

    You may be able to conduct an initial trademark search alone, but it is recommended that you

    seek the advice of a trademark professional before you begin a comprehensive search, and

    especially before you file your application. A trademark professional can draft you application

    before it is filed in order to give your trademark the best chance of achieving registration, and

    thus being awarded protection against infringement.

    Australian Trademark Registration

    A trademark is something that is used to distinguish one traders goods and services from those

    of another. You can apply to trademark almost any intellectual property, so long as you use

    this intellectual property to d