A 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
We engaged Cullens to petition the Australian trade mark office for an abandonment of a mark held by a Fortune 500 company in the USA.
Unless Cullens were successful in their petition, Ballard would be shut out of the Australian market with one of our best brands, Columbia Bicycles.
Our attorney was successful with our petition and the job was performed quickly and thoroughly. Our attorney kept us continuously updated as the case proceeded.
Thanks to Cullens fine work, Ballard is now able to sell Columbia Bicycles to Australian consumers. Thanks Cullens!
Ronald J. Horta, CEO and General Counsel to Ballard Pacific Resources
Hydrus Technology engaged the services of Cullens to assist Hydrus in protecting its Intellectual Property for a very complex Electro-Chemical process.
Hydrus was impressed by the way in which the appointed Cullens’ representative was able to very quickly and easily understand the technology and the requirements of the Company. More importantly, through Cullens’ in depth understanding and broad knowledge of the science and the Patent market, they were able to provide considerable value towards the Patent process, allowing us to protect our rights to the greatest extent possible.
We highly recommend Cullens for their proactive approach, detailed knowledge, the speed with which they address matters together with their very reasonable and transparent pricing model and fees.
David Cam, Chief Executive of Hydrus Technology
"We found Cullens not only to be outstanding professionals, but in our experience
they had no hesitation in going the extra mile.
They are friendly, accommodating, diligent and extremely hardworking.
Their communication was excellent and they kept us fully informed throughout the whole legal process.
I would have no hesitation in recommending Cullens Patent and Trade Mark Attorneys."