Trade marks
Protecting your brand is the cornerstone of running a successful commercial business. That’s why trade marks matter.
A trade mark is a distinctive word, phrase, sign or symbol a business or individual uses to distinguish their goods or services from your competitors. Working with trade mark experts will help assist you to protect your valuable brand. We assist clients from the application stage through to trade mark registration in Australia and overseas.
Art & Commerce are intellectual property (IP) lawyers and trade mark attorneys based in Melbourne. However, we work with clients Australia-wide, with experience advising and implementing local and international trade mark strategies and defending individual trade marks in an increasingly competitive marketplace.
Contact usArt & Commerce’s trade mark law services include:
Drafting and filing new Australian and international trade mark applications
It’s important to ensure the claims in your trade mark application match your business’ goods and services. We carefully drafting the trade mark’s specification to help provide maximum protection for your brand and avoid clashes with other trader’s marks.
Global brand strategy advice
Developing a global brand strategy requires professional advice regarding registered and unregistered trade marks that may create barriers to registration and may result in litigation in certain markets.
Trade mark and brand selection and protection advice
Choosing the wrong trade mark can be a very costly mistake, especially if you have already gone to market with a ‘risky’ brand.
Clearance searches
Extensive local and global clearance searches for a prospective trade mark helps to identify potential registrability and infringement risks in target markets.
Trade mark infringement and enforcement
Responding to infringement claims and enforcing your IP rights is an essential element of trade mark protection.
Responding to adverse examination reports
Extensive experience assists when responding to examiner’s concerns and other barriers to trade mark registration.
Co-existence agreements
An effective tool in the form of a letter of consent or a more formal structured agreement to resolve disputes and barriers to registration.
IP licence agreements
Trade marks licence agreements are often used with third parties for a specific commercial purpose, or between related business entities for strategic reasons.
IP assignment agreements
When permanently transferring ownership of intellectual property rights, we carefully draft these agreements to capture all relevant the commercial terms and ensure appropriate protections and exclusions are covered.
Trade mark oppositions
At times, it is necessary to oppose another party’s trade mark application to protect your trade marks. We assist clients with this technical and often complex process.
Non-use (removal) actions
Non-use actions often occur when an earlier trade mark is cited as a barrier to a trade marks registration, and it emerges that the trade mark has not been used by its owner.
Trade mark portfolio management
Protecting your trade marks is an important aspect of any branding strategy and is at the core of ensuring third parties do not infringe your IP rights and keeping on top of formalities and renews.
Watch services
These services are often used in relation earlier trade marks cited in adverse examination reports, non-use action and opposition matters.
Trade mark/ portfolio monitoring services
We provide trade mark monitoring services to protect our client’s valuable trade mark portfolios.
Drafting and filing submissions to the examiner
As trade mark attorneys and IP lawyers, we have extensive experience in drafting submissions and assisting clients with declarations to provide the strongest position in all aspects of trade mark registration and prosecution.
Negotiating with other trade mark owners and their representatives
Often negotiation is the best path to progressing our client’s position or establishing common ground with third parties to resolve disputes as efficiently and expeditiously as possible.
Preparing for and attending hearings
We guide clients through this process and draft submissions to prosecute our client’s position based on the relevant circumstances.
What we do for you
We are passionate about brands and trade marks. We bring experience and understanding to this important area of law. We listen, consider, advise and then act.
We work hard to help you achieve your brand protection objectives and complete your matter promptly for a reasonable fee. Art & Commerce also works with a network of international trade mark attorneys to implement international strategies with clients seeking to make their mark on the global stage.
Book a meeting
Do you have a trade mark matter you need to discuss?
3 steps to action your legal matter.
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1
Book an appointment for a free 15 minute consultation.
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We will provide you with a scope of work and a fixed fee proposal for your review and approval.
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Once engaged to act, we will promptly start working on your matter. Book an appointment or contact us now here.