Trade Marks

Your business is unique and needs to be set apart from the rest. Our lawyers can help you establish a registered trade mark to protect your brand from imitation and ensure the value of your products and brand assets are retained.

A trade mark is your brand’s identity. This distinct word or logo associated with your business enables you to communicate to your customers who you are and the unique services you offer. It distinguishes the goods and services of your business from those of others, and provides protection from other businesses using a similar mark. A trade mark can be a distinct word, phrase, shape, logo – or even a colour, sound or smell. Registering a business name is not enough to protect your brand. This allows you to conduct your business under a certain name or title, but does not grant exclusive rights beyond trading under that name. To obtain these exclusive rights to commercially use, license or sell the business trade mark, and to stop third parties from using the same name or logo, you must formally register your trade mark through Intellectual Property Australia (IPA). A specialist trade mark lawyer should be consulted when establishing your business trade mark. We understand the vital need to protect your brand right from its inception.

Our lawyers have extensive experience in registering, protecting and enforcing trade marks across a vast range of industries, both domestically and worldwide, via their network of affiliates. We will work to protect and secure your business trade mark, which will give you a competitive advantage over other traders. We will ensure you can licence and franchise your brand without fear of another business challenging your ability to expand. Our trade mark lawyers will conduct a preliminary search to ensure your brand name or logo does not match a similar one already registered. If there is a conflicting trade mark already in existence, we will advise your best options to make changes to your own. Once successfully registered, your trade mark will be secure for 10 years. After this, it can be renewed indefinitely and is able to be sold to a buyer if you eventually sell your business. Your trade mark will become one of your most valuable assets. Speak to one of our trade mark lawyers today to register and secure your trade mark.

Franchise news and updates

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Franchise Legal AdviceNews and Events
October 4, 2017

FINAL REMINDER: ATTENTION ALL FRANCHISORS

As a franchisor, the Code requires you to update your Disclosure Document at least once a year and within 4 months of the end of your financial year. This means that for most Australian-based franchisors…
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