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Trade Marks

What are Trade Marks?

Trade Marks are names, symbols, slogans, logos, sounds, scents or colours (or combinations of those) used to distinguish your business from those of other traders. Your trade marks will usually be unique to your business and you may well discover you have more trade marks in your business than you thought.

In Australia, registration of your trade mark under the Trade Marks Act 1995 (Cth) can give you a statutory monopoly over use of your trade mark in relation to the types of goods and services you provide, allowing you to prevent all other traders from using your trade mark.

In other parts of the world, there is similar legislation, but in most cases you may be able to protect your trade marks internationally by simply filing in Australia under the Madrid Protocol - talk to us if that is of interest.

How Can We Help?

We can help you discover what unregistered trade marks you have and can apply on your behalf for registration of those anywhere in the world. We can also enforce the rights you have against other traders in relation to your registered or unregistered trade marks, including preventing parallel imports through Customs, or going to Court for you if you wish to enforce your rights in Court, or defending you in Court if another trader sues you in relation to their trade marks.

If you have a portfolio of trade marks, we can maintain, protect, enforce and even enhance that portfolio.

We can also defend opposition proceedings against your trade mark applications, oppose any trade mark applications affecting your trade marks or give you general advice in relation to trade mark-related matters.