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Trade Mark Law
Trade mark lawyers
Trade marks are an integral part of any business.
You’ll find them printed on the food and drink packaging sitting in your fridge. They’re embroidered into the labels and fabric of your clothing and shoes. They’re featured in ads, on products and in general conversation. Effectively, trade marks are everywhere.
Whether it’s a brand name, a logo, slogan, colour, scent or shape… trade marks are used to distinguish goods and services from one business from those of others. Because of this, they form a core part of all successful businesses.
At Studio Legal, we’re passionate about helping our clients to identify, register, protect and enforce their trade marks in Australia and internationally.
Who we work with
Our trade mark lawyers work with a wide range of creative individuals and businesses.
Whether you’re at the early stages of starting a business (and looking to lock in your brand name and logo) going through a rebrand (and seeking something new) or running a major corporation (and wanting to expand your presence internationally), our experienced team will tailor a trade mark strategy to your unique business and goals.
For more information about the industries we work with, take a look at our client industries here.
Trade mark advice services
We provide specialised advice on trade mark law, such as:
- Trade mark availability, including undertaking brand checks and marketplace checks of your proposed trade marks.
- General trade mark pre-filing advice and strategy
- Advice on the key trade mark classes for your brand.
- Identifying your business’ key brand assets for trade mark applications.
- Overcoming adverse reports from IP Australia.
- Trade mark oppositions, cancellations and non-use applications.
- Trade mark infringement.
- Trade mark ownership, licensing and assignment.
- Geographical indications.
Trade mark contract services
We can draft, review and negotiate a range of contracts relating to trade marks, including:
- Trade mark licenses.
- Trade mark assignments.
- Co-existence agreements (and letters of request for co-existence).
- Ownership and licensing of trade marks between corporate group members.
- Copyright assignment agreements and deeds (to transfer ownership of logo designs from graphic designers/artists to relevant business owners).
Trade mark agent services
We can act as the agent for your trade marks, and provide assistance in the following areas:
- Trade mark monitoring and watch services.
- Preparation and management of trade mark portfolios.
- Drafting, filing and managing correspondence with IP Australia and international trade mark offices.
- Declarations and submissions to IP Australia and international trade mark offices.
Trade mark commercialisation services
We can help you commercialise your IP assets (such as trade marks) in a range of ways, including:
- Trade mark licensing.
- Trade mark assignment.
- Preparation of trade mark portfolios for sale of business transactions.
Common problems our trade mark lawyers solve
- I’m just starting my business, should I apply for trade marks now, or wait until I establish my brand?
- How do I apply for a trade mark?
- Someone has copied my business name/logo, what can I do?
- What is the difference between copyright, trade marks, designs and patents, and which should I use?
- I applied for a trade mark through IP Australia but received an ‘adverse report’. What do I do now?
- I’m purchasing/selling a business, what do I need to do regarding the business’ trade marks?
- I want to sell my products oversea. Do I need an international trade mark or does my Australian trade mark protect my brand?
- I received a letter saying I’ve infringed someone else’s trade mark! What do I do?
- What is the difference between the TM symbol and the ® symbol? Can I use them?
- Why can’t I use certain words to describe my products (such as Champagne, Darjeeling (tea), etc)?
- I’m a winemaker and want to use the region I produce in on my labels. What do I need to know about Australian wine geographical indications?
