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Trade Marks Law

 

What is a Trade Mark?

Trade marks are distinctive signs, such as, a logo that help consumers identify particular brands, products and services. A unique trade mark assists with building business reputation and setting the business apart from its competition.

A trade mark is a way of identifying a particular good, service or business. When one talks about a “brand” this is typically a reference to a trade mark. 


Trade marks can consist of: letters, words, phrases, numbers, symbols, logos, pictures, sounds, distinctive shape (among others).  They help to identify and distinguish the goods or services provided by one person from those of another. 


As branding is a key aspect particularly in business, it is vital that steps are taken to protect against exploitation of your intellectual property rights by unauthorised third parties.

According to IP Australia's Intellectual Property Report 2020, a total of 75 622 trade mark applications were filed in Australia in 2019. This demonstrates that trade mark remain an important avenue for protection IP rights. 

 

What We Do

Greyson Legal | Trade Mark Lawyers understand trade mark law. Our trade mark legal services include:

  • trade mark clearance searching

  • trade mark applications

  • replying to IP Australia Adverse Reports

  • trade mark oppositions

  • trade mark enforcement

  • trade mark infringement advice

  • trade mark licensing

  • trade mark assignments | transfers

  • trade mark monitoring

  • trade mark advice

  • Australian trade marks

  • international trade marks

 

Trade Mark Registration (Australia)

We assist with all stages of the trade mark registration process, namely:


  • lodging trade mark application

  • notice of filing acknowledgment

  • IPA examination

  • advising if application accepted

  • assisting you with an adverse examination report (if any)

  • guiding you with trade mark oppositions (if any)

  • amending the trade mark (if required)

  • confirming registration of trade mark

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Trade Mark Clearance Search

It is highly recommended that before applying for a trade mark - a detailed search should be carried out to check there are no similar trade marks already registered or pending registration. 

When engaging Greyson Legal | Trade Mark Lawyers we undertake preliminary trade mark clearance searches to ensure you do to inadvertently infringe another person's trade mark

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Trade Mark Assignment

Assigning a trade mark may arise where:


  • one party (Assignor) is transferring their IP rights in a trade mark to another person (Assignee). For example, a third party creating a trade mark and then selling that mark to another entity 

  • a Business is being sold and the trade mark forming part of that Business's brand is also being assigned to the buyer


In these situations you may need a Trade Mark Assignment Agreement or specific clauses in the Business Sale contract to deal with trade mark assignment. 

The Contract
 
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Trade Mark Licensing

A Trade Mark Licence is a right granted by one person (the Licensor) in favour of another person (a Licensee), allowing the Licensee to do certain things. For example, it could be to:


  • use the Licensor’s trade mark associated with a brand, such as, a franchisee being granted a licence to use the franchisor's logo 

  • sell the Licensor’s product within a certain territory

  • distribute the Licensor’s products (eg. ABC Widgets) in say Queensland through a Distribution Agreement.


Greyson Legal | IP Lawyers are familiar with reviewing, advising and preparing Trade Mark Licence Agreements.

Trade Mark Infringement

A registered owner of a trade mark has the exclusive rights:


  • to use the trade mark and to licence those rights to others; and

  • seek relief under the Trade Marks Act 1995 if the trade mark has been infringed.

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Image by Juliana Kozoski

International Trade Marks

The grant of trade mark registration in Australia does not automatically protect your trade mark internationally.

Trade marks are enforceable in the jurisdiction where protection has been applied for, granted and current.

There are two options for international trade mark fling:


  • file an application directly in each country you require trade mark protection; or

  • if the country you require protection is a party to the Madrid Protocol, file a single application through IP Australia nominating those Madrid Protocol countries in which protection is required.

 

Client Matters

A few trademarks we have assisted our clients to apply and register

 

Looking to register a trade mark ? Contact Greyson Legal | IP Lawyers

 
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CorpMem Image Mark

Computer Records Management