Intellectual Property.

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For many businesses, your brand will be a crucial part of your business’s identity. Customers will often identify your business by reference to your logo, slogan, colour scheme or even a distinctive sound. The best way to protect these distinctive elements of your brand and intellectual property is by obtaining a registered trade mark.

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It is possible to trade without obtaining registration for these elements of your brand. However, by registering your trade marks, you will have a record of your filing date, the exact mark you have registered, and the classes in which you have obtained registration. This can be very advantageous when seeking to assert or enforce your exclusive rights against others who use marks that are similar to yours. Ultimately, a business name registration or domain name is insufficient to protect your brand name – you must lodge a trade mark application to separately register your trade mark and ensure you obtain exclusive rights to your brand.

 

We can assist you with:

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• trade mark registration in Australia and overseas (direct applications and Madrid Protocol applications);

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• responding to a trade mark objection or opposition on your behalf as the trade mark owner;

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• defending a trade mark infringement claim and assisting with IP dispute resolution;

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• renewing an Australian trade mark; and

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• taking steps to enforce your trade mark registration rights against third party infringers, including drafting cease and desist letters.

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Registering a trade mark takes around seven to eight months with IP Australia (Australia’s trade mark office). It involves classifying your brand into one of IP Australia’s 45 classes and conducting a comprehensive trade mark search before filing your application. 

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Often, your intellectual property will differentiate your business from that of a competitor. Assets such as your name, logo, trade secrets, and any creative processes and inventions all carry importance and value in making your business what it is. As your business continues to grow, so too will the importance of these intangible assets and the risk that another business or individual will copy or infringe upon them.

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It is important you take steps to mitigate these risks. For example, as you hire more employees, you risk the possibility that they use your intellectual property, such as your trade secrets or processes, if they depart. You should ensure you have well-drafted employment contracts in place which prevent them from doing so.

Similarly, you may be in contact with more potential suppliers or partners as your business grows and it will be important to manage your intellectual property through robust confidentiality agreements.

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We can help you understand the different types of intellectual property that exist and guide you through the steps to protect what is yours. It is important to note that protecting your intellectual property is not only about registrable forms of intellectual property, such as trade marks or patents, but also protecting trade secrets and confidential information.