Simpsons Solicitors
Simpsons Solicitors

Trade marks

The services of our trade mark lawyers include:

  • advice on brand creation and registrability locally and internationally;
  • trade mark clearance and infringement searches;
  • filing and prosecution of trade marks locally and internationally;
  • oppositions, non-use removals, revocation;
  • advice on trade mark infringement and dispute resolution;
  • preventive measures (Customs Notices);
  • trade mark portfolio development and management;
  • trade mark commercialization and strategy.

Trade marks not only distinguish your products or services from those of other traders – when used effectively, they can also give your business a competitive advantage and transform your brand into a valuable asset. Registering a trade mark will provide you with the best possible protection. The protection and enforcement of trade marks is an integral part of the work of our trade mark lawyers.  Our expertise in this area is extensive. We are able to offer expert advice and assistance in all trade marks matters, from the relative simplicity of advising on the registrability, clearance searches and prosecution to contentious issues, such as multi-party oppositions, non-use removals and litigious options, to preventive measures, such as Customs Notices.

Our client base is broad and is not limited to clients from the media, fashion, arts and entertainment sectors. Our specialist trade marks knowledge has led to us acting for clients from all sectors regardless of whether they are individuals or large multi-national corporations. . Our focus is on ensuring that our advice is practical and realistic.

A number of our clients are large and medium sized corporate clients with extensive trade mark portfolios, consisting of both local and international marks. We are able to provide not only trade mark portfolio development advice, but also an on-going management of these portfolios for our clients.

Many of our clients have the need for international protection of their trade marks. We have well-established professional relationships with our extensive network of international trade mark associates. This enables us able to offer timely and cost effective expert advice and services in relation to registration and protection of trade marks in any foreign jurisdiction. We also provide services to a number of international law firms in relation to their client’s trade mark registration and protection in Australia.

Unlike some trade mark firms, we have an experienced litigation team (that includes a former judge) who not only litigate but understand trade mark law, so we are able to assist our trade marks clients in before a court or the Australian Trade Marks Office if needs be.

Some of our success stories before the Australian Trade Marks Office include successfully opposing the registration of a deceptively similar mark to that of our client’s: Spiral Foods v Valio Pty Ltd [2000] ATMO 22 (http://www.austlii.edu.au/au/cases/cth/ATMO/2000/22.html) and defending our client’s rights against an application to opposing our client’s registration on the basis that they were not capable of distinguishing and would not be used by our client: BJ White & Wellington Lane Press Pty Ltd & John v Rex Dupain [2007] ATMO 52 (http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/ATMO/2007/52.html?query=^dupain).

Please contact Adam Simpson for all trade mark-related enquiries.