Trademarks

Trademarks - Australia

Protect and enforce your trade marks with cutting-edge legal advice

With our full-service Australian trade marks practice you get cutting-edge advice on proactive trade mark protection (trade mark clearance, trade mark prosecution, portfolio management) and enforcement (oppositions, non-use actions, disputes and litigation).

Our trade mark lawyers work with you to develop a strategic framework to protect your trade marks and offer regular support on searches and prosecution. Our litigators have run many of the most significant Australian trade mark, passing off and misleading and deceptive conduct actions in the country. We also successfully defend our clients from claims made by predatory competitors.

Areas of trade mark law we can advise you on include:

  • Advisory across all trade mark and brand protection issues
  • Trade mark clearance for new brands, and existing brands extending into new products and services
  • Strategic planning on protection levels
  • Registry-facing work including trade mark head-start requests, filing of trade mark applications, prosecution, requests to revoke improperly accepted / registered marks, oppositions and non-use actions
  • Trade mark watching services for monitoring third party activity, including competitor monitoring
  • Lodging and responding to infringement proceedings through pre-litigation dispute resolution and in front of the courts.

Cross-sector experience

We act for advertising agencies, well known international consumer products companies, retailers, manufacturers, FMCG, luxury goods and pharmaceutical companies.

Our law firm advises the owners of some of the most valuable Australian and international brands, and even the owners of famous landmarks. Clients include Woolworths, Campbell Soup/Arnotts, Starbucks, Nudie, Amalgamated Holdings, Westfield, Goodman, Sydney Opera House, Amazon, eBay, CSIRO, SunRice and The University of Sydney.

We have a full team specialising in this area.

Discover our latest insights into legal issues affecting your business

On 25 August 2017, the Government tabled its long-awaited response to the Productivity Commission’s recommendations in relation to Australia’s intellectual property arrangements.

28 August 2017

Productivity Commission released its draft report on its inquiry into Australia’s intellectual property arrangements.

29 April 2016

Copyright: The Senate has passed controversial new reforms empowering the Federal Court of Australia to issue website blocking injunctions against ISPs.

23 June 2015

The assessment of inherent distinctiveness is a two-step process which first considers the ordinary signification of the mark.

04 December 2014