Trade Mark Law

We help you to protect your brand and protect intellectual property

It is imperative that you choose lawyers who are experienced in trade marks and have a proven track record of convincing IP Australia to register a trade mark. Our Principal has represented some of the biggest Australian household names for over 10 years.

We are experienced with obtaining grant of difficult marks and overcoming objections raised by IP Australia and other official examination agencies.

  • trademark registration and asset protection
  • trademark searches
  • licensing and protection strategy
  • infringement advices
  • defences to trade mark infringement
  • assessment of damages/account of profits
  • trade mark litigation and enforcement strategy

Trademark Process

1. Trademark Searches

We conduct trademark searches of the trademark databases (previously known as ATMOSS) and common law searches to:

  • ensure registration availability
  • provide clearance to use advices
  • clearance to use searches
  • determine how unique your brand is
  • to determine how crowed your marketplace is for your mark of choice
  • determine if your brand is commonly used in your industry
2. Trademark Prosecution

We assist you to obtaining registration of the trade mark:

  • responding to IP Australia examination reports and overseas office actions
  • strategic advice in respect of amending the goods or services of the application to overcome objections raised by IP Australia
  • evidence of use statements to obtain acceptance of a trademark for registration
  • opposition proceedings including hearings
  • appeals of decisions by the Registrar of TradeMarks to Court
3. Commercialisation and Enforcement

We assist with:

  • trade mark litigation
  • injunctions and infringement advice
  • licensing agreements for trade marks
  • trademark monitoring services
  • trade mark infringement defences
  • trade mark cancellation matters