Developing Your Brand
Rather than receive a ‘cease and desist’ letter after spending time and money developing your brand, some simple searches can be conducted ahead of time to minimise the risk of infringing the rights of others.
Businesses developing their own IP strategy and searching the IP Australia database of registered marks are unlikely to adopt a mark similar to a registered trade mark for similar goods and services. It is important to ensure that once you settle on a brand, you take the proper steps to ensure that your brand is protected.
Having a registered trade mark makes it quicker, easier and cheaper to stop someone from using an infringing mark for the same goods and services. Having a registered trade mark can be a defence to an allegation that your trade mark infringes third party IP rights.
With infringing products surfacing regularly, third parties (such a Google, Facebook and even Australian Customs) are much more likely to cooperate with owners of registered trade marks in relation to trade mark infringement.
Why Kalus Kenny Intelex?
Our comprehensive brand protection services offer everything from strategic filing advice and clearance searches through to the registration, defence of registrations (oppositions and non-use removal options), enforcement and recovery of trade marks, domain names and associated company and business names. We also do IP audits for both start-ups and established businesses.
Our Intellectual Property Law Team
Our Latest Insights
How should employers manage the COVID-19 vaccination roll out?
With COVID-19 vaccinations rolling out in Australia, employers may be considering asking their employees whether they have been, or will be, vaccinated against the virus. They may also be wondering whether they can, or should, require that their employees get the...
Types of assets and estate planning
A common misconception in estate planning is that all of your assets (no matter the capacity in which they are held) are ‘estate assets’ and governed by your Will. The distribution of an asset will depend on the type of asset and more specifically, how that asset is...
Sambucco: Revocation of a Will by marriage
Many people are not aware that a marriage can revoke a Will. Similarly, a divorce can invalidate appointments and gifts in a Will to the spouse. Sambucco v Registrar of Births, Deaths and Marriages Victoria & Anor [2020] VSC 889 (Sambucco) is a recent proceeding...