Trade Marks

It is a commonly-held belief that the registration of a business name or company gives some protection in the use of the name. While this may be true in some circumstances, the only way to obtain ownership of a trade name is by registering a trade mark. A mark can be words, figures, symbols or designs, such as logos, and the Trade Mark Register is divided into 45 separate classes of goods and services. Once registered in a particular class, the owner has monopoly protection to use the mark in the range of goods or services covered by the application. Finn Roache can assist clients in securing, exploiting, enforcing, attacking and defending trade mark rights in Australia and overseas.

It is also important to note that, once we act for a client in the registration of a trade mark, without further charge, Finn Roache maintains a trade mark watch on the Australian Trade Mark Register to see whether any potentially competing marks have been applied-for.

We regularly assist our clients with:

• Registration of trade marks, including applications for words, logos, colours, packaging, shapes or series marks;
• International trade marks, including applications in individual countries, under the Madrid Protocol and/or European Office for Harmonization;
• Advice on unregistered trade marks;
• Certification or Collective trade marks;
• Trade mark oppositions or defences thereto;
• Court action for infringement of trade mark rights;
• Licensing or assignment of trade marks;
• Groundless threats of trade mark infringement;
• Applications for removal of a registered trade marks; and
• Reviewing and maintaining brand portfolios.