Trade Marks

A trade mark is a sign used by manufacturers or merchants to identify their own goods or services. Most trade marks are words or logos, but a trade mark may also be a shape, sound or smell, provided that this is something that will be distinctive of just one trader.

A trade mark identifies where a product comes from, or who is providing a particular service, and encourages the trader to maintain quality. If customers are satisfied with the goods or services, the trade mark enables them to know what to purchase in the future thereby building brand loyalty; if they are dissatisfied, they will avoid goods or services provided under that trade mark.

Trade mark rights are obtained through use (called common law rights) or through registration of the trade mark with the Trade Marks Office. In Australia, it is not necessary to apply for registration of a trade mark before using it in the market. However, a trade mark registration is a much stronger right than a common law right. Furthermore, many other countries do not recognise common law rights in the same way as Australia. The best course of action is to protect important trade marks by applying for registration.

Our trade mark services include:

• Advising on the registrability of a trade mark
• Advising you in relation to your trade mark strategy
• Professional trade mark searching
  Conducting your own search
• Preparing and filing trade mark applications, both for Australia and overseas
  Minimum Australian filing requirements
• Prosecuting trade mark applications through to registration
• Providing trade mark infringement advice
• Trade mark portfolio management
  Our Client Workbench
• Monitoring your competitors’ trade mark applications
• Opposing your competitors’ trade mark applications
• Monitoring and paying renewal fees on your behalf
• Domain name registrations and renewals, business name registration and advice 
• Many other services – please contact us for a free initial consultation

Our Trade Mark Group

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