IP
We know what legal steps and strategies are available to manage intellectual property rights so that they remain valuable competitive differentiators for our clients and serve as effective drivers of their business growth.
We assist clients to create, acquire and safeguard:
- Trademarks
- Copyright works including literary works and software
- Domain Names
- Business and company names
- Confidential Information
We monitor and prosecute:
- Trademark infringements
- Passing off and misleading & deceptive conduct
- Copyright infringement
- Breaches of confidence
We assist clients commercialise their IP through:
- Licensing/Distribution
- Transfers
- Audits
- Franchising
- Structuring and IP protection
Trademark Law
We act for clients across Australia and overseas in relation to brand protection and commercialisation.
The Trade Marks Act 1995 provides for a system of registration, where you, as the trade mark owner, may obtain exclusive and automatic rights to your brand, Australia-wide.
The registration of business names, company names or domain names does not guarantee the security of your brand. While all of these registrations are important, they do not provide the level of protection that a registered trademark offers. In fact a business name, domain name or company name can be taken from you unless you own the relevant trademark.
Without a registered trademark, in order to prevent someone using your brand, you must establish your business’s reputation in the region it is being used improperly – this can be very hard if, for example, you trade only in Sydney but a Brisbane-based trader is using a brand deceptively similar to yours. Proving your reputation in Court can be complex and expensive. This problem is only overcome by registering a trademark which provides automatic Australia-wide rights against the infringer.
Often people starting a new business adopt a name and logo and then go about spending substantial funds on marketing materials, building a website and developing goodwill. A big problem can arise when you find out that the name or logo you have been using infringes on another person’s intellectual property rights. In many cases the time and money spent promoting your brand can be wasted as the threat of legal proceedings force you to remove signage, letterheads, websites etc. Registering a trademark should be taken very seriously and if possible, before you commence trading.
It is important to note that trademarks are intangible business assets and capable of being transferred. Trademarks can turn out to be the most valuable asset of your business.
Our Australian trademark application service is completed on a fixed fee basis – for a free quote and an indicative availability search of your proposed trademark please call us.
Recent Work
- Intellectual property protection and procurement for a listed public company including the negotiation for the acquisition of a key trade mark
- International trade mark applications for Australian clients in Canada, USA, New Zealand, China and the UK
- Restructuring ownership of intellectual property for asset protection using new entities, assignments and licences