Trade marks

 

For all companies, the effective management of trade marks and portfolios is an important part of maintaining competitiveness in the market.

Implementing a strategic approach to managing trade marks, monitoring for infringements and enforcing rights is vital. We manage trade mark portfolios for numerous clients, which includes providing brand protection advice on trade mark availability, infringement and registrability both nationally and internationally, and preparing evidence and submissions to IP Australia.

Experience

  • Successfully acting for one of Australia’s leading franchise systems in relation to defending a non-use action and enforcing an opposition proceeding.
  • Providing strategic brand protection and trade mark prosecution advice for one of Australia’s largest residential builders.
  • Providing strategic brand protection advice and managing a trade mark opposition for leading international children’s product brands.
  • Acting for one of Australia’s leading online fantasy game developers in the successful prosecution of a well-known trade mark for online fantasy sports games.
  • Advising a global leader in the supercomputer market on trade mark opposition proceedings.

Key Contact

Ben Hamilton

Partner

Head of Technology and digital economy

Ben has a range of experience in intellectual property, technology, and commercial matters...

Our Team

James has experience in a broad range of commercial and intellectual property matters, including intellectual property commercialisation, agreements and licensing, trade mark registrability and infringement issues.

Related Thinking

Thinking| 18 Aug 2016

Insufficient control in trade mark licence agreement results in successful non-use claim

Campari America LLC (previously known as Skyy Spirits or Austin Nichols) (Campari) has been unsuccessful in an appeal before the Full Federal Court in relation to a non-use application brought by Lodestar Anstalt (Lodestar).

Thinking| 20 Jul 2016

Trade mark use in Australia: foreign distributor found liable for infringement even where the first sale of its product was overseas.

Two companies incorporated in Hong Kong which were part of a corporate group which manufactured and distributed toys to exporters in China have each been found to have infringed trade marks registered in Australia when the products were subsequently exported and sold in retail outlets in Australia.