Trade mark protection
Registering your trade mark is the single biggest bang for buck investment you can make in your business. Having a registered trade mark can significantly increase the attractiveness and sale price of your business.
Some of the ways we can protect your brand:
A trade mark is a trader’s badge of origin. Trade marks are intended to protect a trader’s goodwill in a product or name while protecting the public from counterfeit goods or services.
A trade mark may be a letter, word, name, signature, number, logo, picture, brand, aspect of packaging, shape, colour, sound or scent, or any combination of those.
Trade marks are registered in relation to certain classes of goods and/or services. Other traders are therefore free to use or register the same trade mark for unrelated goods and/or services.
You should register your trade mark as soon as possible, as the priority date for a trade mark is the date it is filed. Having the earliest priority date possible is important in case someone else files a similar trade mark.
The owner of a registered trade mark has the exclusive rights to use the trade mark and authorise other persons to use the trade mark in relation to the goods and/or services in respect of which the trade mark is registered. This means you can stop someone else using a trade mark in relation to goods or services that are the same or similar to the goods or services covered by your registered trade mark.
Registered trade marks can also be sold, transferred or licensed to another person, and even encumbered.
A registered trade mark lasts 10 years, and can be continually renewed for successive 10 year periods by paying a renewal fee.
A person infringes a registered trade mark if the person uses, as a trade mark, a sign that is substantially identical with, or deceptively similar to, the trade mark in relation to goods or services in respect of which the trade mark is registered.
Most trade mark disputes can usually be resolved quickly and commercially. Sometimes all it takes is to point out to the infringer that you are the registered owner of a particular trade mark. When the stakes are high, however, it may be necessary to commence court proceedings.
You should get legal advice as soon as possible. The accusation will either be legitimate, baseless or arguable, but in any case, you should have a lawyer respond to protect your position.
Corporate structuring is often used to isolate trade marks from risks your trading entity is exposed to.
If such corporate structuring is not utilised properly, it can actually invalidate your trade mark.
We have the methods to bring the nuances of corporate structuring and trade mark law together to provide your trade mark portfolio with the ultimate protection.
Meet Our People
Alvin has practised corporate and commercial law exclusively his entire legal career.
After doing 10 years at corporate law firms, Alvin ditched the traditional law firm model and founded Alvin Legal in 2017 with a vision to do more with less.
In that time, Alvin has developed a respectable reputation for leading, negotiating and closing countless, complex small cap private M&A deals, advising on complex corporate reorganisations, as well as managing trade mark portfolios for some of Australia’s leading brands.
Alvin also proactively manages the day-to-day legal needs of corporates, SMEs and start-ups by teaming up as their external counsel.