Penalties for failure to Update the Franchise Disclosure Register
The ACCC announced on Thursday that it had issued infringement notices to Cash Converters Pty Ltd...
We can assist you to register your trade mark to ensure that your brand and your name are protected.
Before you grow or franchise your business you should ensure that your brand name or logo is not similar to a brand name or logo which is already registered.
We conduct the necessary searches to determine whether it is likely that you will be able to register your brand name or mark.
If we think that your trade mark is too similar to an existing registered trade mark, or is not distinctive enough to be registered, we will discuss with you the changes that could be made to your trade mark to give you the best chance of registration.
In addition, we will discuss with you the class or classes in which your trade mark should be registered to give your intellectual property the greatest protection.
Our fixed fee to register your trade mark in one class is $1,500.00 plus GST (including registration fees).
If you want your trade mark registered in an additional class our fixed fee is an additional $900.00 plus GST (including registration fees).
If you register your trade mark in Australia, you will have exclusive use of the trade mark in Australia in the classes in which you have registered your trade mark.
While registration of a business name, gives you the right to use that name in association with your business, it does not give you the right to exclusively use the business name.
Our article Trademarking a Business Name sets out the benefits of registering your trade mark in more detail.
A trade mark can be a letter, number, word, phrase, logo, picture or any combination of these.
As the owner of a registered trade mark you:
Intellectual property refers to creations of the mind and includes trade marks, designs, logos, trade secrets, business know-how, copyright and patents.
Intellectual property can be protected in a number of ways, including
For the purposes of trade mark registration, goods and services are categorised into one or more classes.
For example, class 25 is clothing, footware and headware.
Goods and services are divided up into 45 classes.
The goods and services which are sold or provided under your brand name may fall into more than one class.
No, you don't need a lawyer to register a trade mark. You can register a trade mark yourself with IP Australia.
The advantages of using a lawyer who has experience in trade mark registration are that a lawyer can advise on the likelihood of your trade mark application being accepted, a lawyer can assist you in selecting the right classes to protect your IP, and a lawyer can assist you to deal with any objections that you may receive.
IP Australia does not refund the registration fee if you get your trade mark registration wrong, or if your trade mark application is rejected.
Some of the common reasons that trade mark applications are rejected include:
The ACCC announced on Thursday that it had issued infringement notices to Cash Converters Pty Ltd...
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