TradeMarks (often interchangeably called brands) are the marketing interface of your business. TradeMarks are a means of identifying a unique product or service and are therefore a very valuable marketing tool and business asset. Some say brands assist consumers in their selection of goods and services. Others say brands actually drive consumer selection of goods and services. Whatever your school of thought, we consider that brands well and truly make the world go round.
The value is reflected in some of the stratospheric brand valuations of leading goods or services. Indeed, brand may be the most valuable asset of a business.
TradeMarks, Business names, Company names are not the same, with TradeMarks being the only registration conferring proprietary rights in a name. We can help you navigate this tricky interface to ensure you devote your resources to registering the most appropriate name.
A TradeMark is simply a “sign” and by definition can comprise a word, a logo, a signature, one or more letters or numbers or any combination of these. Additional forms of registrable trade marks include scents, colours, sounds, aspects of packaging and the shape of a product.
The process usually commences with an application in Australia. Provided a foreign application is filed within six months of the Australian application a TradeMark owner can claim convention priority from the Australian application to enjoy the Australian filing (priority) date.
Australian TradeMark applications undergo a comprehensive examination to consider issues such as formalities, distinctiveness and conflict with prior trade marks. We are very experienced in prosecuting TradeMark applications to registration and navigating that path with IP Australia and other TradeMark owners.
If protected and managed properly there is no limit to the length of time for which a TradeMark registration can be renewed. This critical business asset can potentially last forever.
We are unique as dually qualified as Patent and TradeMarks Attorneys and as Lawyers. We do not simply focus on the registration process and refer you off to lawyers at the first sign of conflict. Rather, we can assist you in enforcing your rights, defending your position and resolving conflict.
Commercialisation of Intellectual Property rights involves strategies for delivering your products or services into the market place. This depends on a number of factors including existing business capabilities, third party skills and resources, access to finance and channels to market.