Trade Marks

R-SymbolA trade mark is a “sign” used to signify that products or services originate from a particular person or company, or that the products or services are of a particular quality. As such, a trade mark is a very valuable marketing tool and should be a jealously guarded business asset.

A “sign” may consist of word(s), numbers, a logo or a combination of these. The mark may also be a signature, numeral, device, heading, label, ticket, aspect of packaging, shape, colour, sound or even a scent (although these are more difficult to register).

Protecting your brand is essentially protecting the title deed to your business. The brand of a business is one of its most valuable intangible assets.

Cullens is experienced in providing trade mark advice, prosecution and portfolio management on behalf of some of Australia’s most successful companies, including Billabong.

The Cullens team will seek to secure the most advantageous protection for your trade marks, in Australia and abroad.

Cullens can also assist with resolution of trade mark disputes and oppositions, and our attorneys have a strong focus on practical commercial outcomes.

We understand that trade marks can be daunting for small businesses, and that many people are confused by the distinctions between trade marks and business names, company names or domain names. Our attorneys can explain these concepts to you in plain English, and assist you in obtaining the right registrations for the right reasons.

Trade Marks, Business Names and Company Names

Trade marks should not be confused with business names or company names. The registration of business and/or company names is compulsory and serves the purpose of allowing a searchable register of names to be maintained.

Please call us for an obligation free initial chat, to discuss any questions or concerns you may have.

The registration of a business or company name generally does not give the name holder any ownership of that name nor immunity from trade mark infringement, passing off, or a breach of the Trade Practices Act or corresponding fair trading legislation.

Different traders in different states may register identical business names and likewise very similar business and company names may be allowed to coexist. However, if your business or company name is registered as a trade mark you may be able to prevent a competitor from using an identical or similar business or company name in Australia.

Obtaining Protection in other countries

As businesses grow and look to expand to overseas markets, we can assist in extending trade mark protection from Australia to foreign countries.

Trade Mark Searches

The very first step in choosing a name or logo should be to have availability searches conducted. By doing these searches before you adopt a name or logo, you will assess your risk of potentially infringing someone else’s trade mark as well as your chances of owning the name (or other sign).

We offer a convenient renewal service for your trade marks. Through our renewal service, we ensure effective management of your IP assets and maintenance of your current protection.

More Trade Mark services

Filing and prosecuting applications
Trade mark portfolio management (including renewals)
Domain name and business name registrations
Trade mark disputes (including trade mark oppositions)

Please click on the links below for further information