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
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
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
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.
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.
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.
A few trademarks we have assisted our clients to apply and register
Looking to register a trade mark ? Contact Greyson Legal | IP Lawyers
CorpMem Image Mark
Computer Records Management