Trademark
Trade mark protection is the key to securing the brands and images which distinguishes a company or their product from its competitors. A trade mark can also be a valuable asset in building the profitability and goodwill of a business.
Find a well qualified intellectual property lawyer or copyright attorney who have the qualifications and experience to help clients successfully protect their brands and image. They will assist clients with services which include:
• Preparation and prosecution of trade mark applications in Australia and overseas Prosecution and defence of oppositions and appeals
• Brand name selection
• Searching services including availability, identical and owner name trade mark searches worldwide
• Advice on registration and infringement of trade marks
• Assistance in drafting and negotiation of licensing and joint venture agreements and assignments
• Representation in Court in relation to trade mark disputes
• Management and renewal of trade mark portfolios
• Customs monitoring applications.
What exactly is a Trade Mark?
A trade mark is defined in the Trade Marks Act 1995 as a sign used to distinguish the goods or services of one person from those provided or dealt with by another person in the course of trade.
A trade mark may be a letter, number, word, phrase, sound, smell, shape, colour, logo, packaging or picture, or any combination of these features, which distinguishes goods and services of one trader from another.
When you register your trade mark, others are prevented from using that mark or a substantially identical or deceptively similar trade mark in relation to the goods and services for which the trade mark is registered. This is the case even if your trade mark has no reputation or is yet to be used in the marketplace, or the unauthorised use is in a completely different industry or market and is not confusing.
What is Copyright?
Copyright protects the original expression of ideas, not the ideas themselves. It is free and automatically safeguards original "literary works" of art and literature, music, films, sound recording, broadcasts and computer programs from copying and certain other uses.
There is no copyright registration in Australia. Copyright comes into existence as soon as an original work has been reduced to a material form, such as when it is first written down, painted or drawn, filmed or taped. Copyright material also enjoys protection under the laws of other countries who are signatories to international treaties dealing with copyright to which Australia is a member, such as the Berne Convention and the Universal Copyright Convention.
Australian copyright protection is provided under the Copyright Act 1968, and gives exclusive rights to license others in regard to copying the work, performing it in public, broadcasting it, publishing it and making an adaptation of the work. Rights vary according to the nature of the work and whether or not it has been published.
Depending on the material, copyright for literary, dramatic, musical and artistic works generally lasts 70 years from the year of the author's death or from the year of first publication after the author's death. Copyright for films and sound recordings lasts 70 years from their publication and for broadcasts, 70 years from the year in which they were made.
Although a copyright notice is not necessary in Australia, to put others on notice of copyright ownership it is wise to mark works with a copyright symbol © and/or the word COPYRIGHT, the name of the person or organisation who owns the copyright, and the date it was first published. This may help prove ownership of the copyright, and is required to establish copyright in a few overseas countries. It can also act as a deterrent to potential infringers.
