Trade Mark Evaluation is carried out by Gibson Owen who is a trade mark lawyer.

These are the 5 steps required in Trade Mark evaluation, searching and applications:

Step 1.

Assist you in selecting the best Name as your Trade Mark for your goods and services. A name must be capable of distinguishing your particular goods and services from your competitors to be a (good) trade mark. For example, ‘Best Bakery' and 'White Bread' would not be registable as trade marks because they are industry labels and must be available to all bakers.

Invented names are very robust in terms of bearing the weight of unlimited goodwill and reputation. At the same time an invented name can carry the sound and aural implications of some of the attributes and qualities of particular goods and services. 'Qualitron' can carry implications of and for the words 'Quality Electronics'.

Step 2.

We will thoroughly search the Trade Mark Register maintained by the Federal Government of Australia for existing registered, pending, lapsed, withdrawn and /or rejected unregistered Names that may be identical to, or deceptively similar to names in your chosen class or associated classes. The owners of these names could be potential challengers to your application for your chosen name.

We will then search many other sources that may reveal use by others of your chosen Name or similar Names as common law names (unregistered), and which could provide the basis for a challenge to your application for the Name chosen by you.

Step 3.

Provide a written analysis of the results of the above searches including an evaluation of the likelihood of the Federal Government Trade Mark Registrar questioning or rejecting your application. Further, to the extent possible, we also analyse the prospects of a third party successfully opposing your application.

Step 4.

Identify the best description of your goods and services and the appropriate classes. There is a total of 45 classes of Goods & Services. For example, Class 25 covers Clothing, Headgear and Footwear.  An issue to be decided for example would be are ski books footwear or sports goods?

Step 5.

Prepare and, after your approval, lodge your application for your chosen Name. All applications are officially examined by the Trade Mark Registrar and once approved it is publicly advertised in the official journal for approximately 3 months inviting the public to raise any objection to the registration of your applicaiont.

If your applicaiton does not attract opponents then it proceeds to registration at which time the registration fee is payable.

Please note: We also provide a regular Watching and/or Renewal Service.

We would be pleased to provide a quote for the above services.

If you are interested in the above steps and application we will be pleased to provide a quotation for the necessary servicses.  Please advise us of your:

i) Personal and or company Name;
ii) ABN;
iii) Address;
iv) Telephone numbers;
v) Email address;
vi) The different Names that are of interest to you as a Trade Mark;
vii) The full range of goods and or services you provide to your customers;
viii) Whether we can help you choose a Name that is likely to be registerable as mentioned in step 1 above; and
ix) Particulars of any Names that you have used as a trade mark whether registered or not, and the date of first use.

Please reply to Gib Owen on 02 9411 4767 or by email to gibson@lawfully.com.au or by fax to 02 9411 3967  

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