Trade Marks

Build and protect your brand.

A well-chosen trade mark distinguishes your products or services from your competitors.  It cements the reputation of your business and the quality of products or services you offer.

Every strong brand is underpinned by a well thought out trade mark protection strategy.  Our trade marks attorneys and lawyers understand how trade marks can be the crucial building blocks of an effective brand.

WHAT IS A TRADE MARK?

A trade mark is anything that is a recognisable symbol of your brand.  This can include logos, names, tag lines or packaging.

Despite the common misconception, a company or business name registration is not a trade mark registration and does not bestow any ownership rights.

Registering your company or business name satisfies the legal obligations of conducting business under that name but your trade mark is your brand.

Watermark understands every step of the trade mark process so that you can rest assured that your ownership rights are robustly protected.

HOW CAN WATERMARK HELP YOU TRADE MARK?

Our team of trade marks experts provides:

  • Advice on brand creation and trade mark filing strategies
  • Trade mark clearance searches to determine the availability of trade marks for use and registration
  • Filing, prosecution and registration of trade marks
  • Filing, prosecution and registration of foreign trade marks (using our network of overseas associates) and International Registrations using the Madrid Protocol system
  • Trade mark opposition, non-use and revocation proceedings
  • Negotiation and settlement of trade mark disputes
  • Investigation searches and advice on infringement
  • Post registration maintenance
  • Monitoring services
  • Due diligence, audits and portfolio reviews

IS MY TRADE MARK ALREADY IN USE?

It’s crucial that you are aware of other trade marks that exist in the market to avoid infringements.  Conducting a thorough search of the market place can be tricky though.

Watermark can undertake a meticulous infringement/availability search prior to you commencing use of a trade mark in a particular jurisdiction.  The benefits of our comprehensive search process is twofold:

  • To identify whether you are at risk of trade mark infringement
  • To assess the likelihood of you being able to register the trade mark that you propose for use

CAN I SEARCH FOR MY TRADE MARK OVERSEAS?

If you intend to use a trade mark overseas, Watermark can search the online records of various trade marks offices across the globe, including New Zealand, United Kingdom, members of the EU, United States and Canada.

We also have a diverse network of reliable and cost effective international associates that we can work closely with to provide you detailed information on overseas trade marks.

WHERE CAN I FILE A TRADE MARK?

You want your trade mark to have global reach.

Watermark is able to directly file trade mark applications in Australia, New Zealand and Papua New Guinea.  We can also secure protection for you in more than 100 countries across the world.  If you wish to file separate national applications in foreign jurisdictions we can use the expert services of a foreign associate.

Industry Monitor.

Keeping an eye out for your business.

Being aware of the ever-evolving trade mark landscape is crucial for safeguarding the value of your business.  At Watermark we monitor the Trade Marks Register to track a claimed intention to use that mark.  Plus, we have access to databases that help us determine the potential use of those trade marks so that we can stay ahead of the game for you.

We can identify applications that may potentially represent a conflict and prevent ongoing use and registration of identical or deceptively similar trade marks by other parties.

Monitoring trade marks for you means we can:

  • Identify at an early stage that a party has commenced use of a similar mark or is proposing to commence use in the future and take intervening steps
  • Place the trade mark owner in a position to file a Notice of Opposition in the event that the application is accepted during the examination process

As well as monitoring the Australian Register, we can observe trade marks throughout the world or employ the services of one of our cost-effective global associates.

With Watermark your trade mark is always secure.

Get in touch today to find out how we can secure and protect your brand.

 

Get in Touch

Michelle Cooper

Senior Associate, Lawyer & Trade Marks Attorney

New South Wales

Paul Fong

Principal, Patent & Trade Marks Attorney

Western Australia

Roger Green

Principal, Patent & Trade Marks Attorney

Victoria

Leanne Oitmaa

Special Counsel, Patent & Trade Marks Attorney & Lawyer

Western Australia

Mark Pullen

Principal, Patent & Trade Marks Attorney

Western Australia

Ray Tettman

Principal, Patent & Trade Marks Attorney

Victoria