Developing Your Brand
Establishing a brand takes time and effort so why wouldn’t you protect it?
Rather than receive a ‘cease and desist’ letter after spending time and money developing your brand, some simple searches can be conducted ahead of time to minimise the risk of infringing the rights of others.
Businesses developing their own IP strategy and searching the IP Australia database of registered marks are unlikely to adopt a mark similar to a registered trade mark for similar goods and services. It is important to ensure that once you settle on a brand, you take the proper steps to ensure that your brand is protected.
Having a registered trade mark makes it quicker, easier and cheaper to stop someone from using an infringing mark for the same goods and services. Having a registered trade mark can be a defence to an allegation that your trade mark infringes third party IP rights.
With infringing products surfacing regularly, third parties (such a Google, Facebook and even Australian Customs) are much more likely to cooperate with owners of registered trade marks in relation to trade mark infringement.
Why Kalus Kenny Intelex?
Our comprehensive brand protection services offer everything from strategic filing advice and clearance searches through to the registration, defence of registrations (oppositions and non-use removal options), enforcement and recovery of trade marks, domain names and associated company and business names. We also do IP audits for both start-ups and established businesses.
From our Knowledge Base
Having acted for the builder in the case of Mann v Paterson Constructions, Jonathan Kenny and Peter Lettieri discuss the High Court of Australia udgment which has overturned 120 years of contract law and has ramifications for both builders and owners....
Media Release Leading property and commercial law advisory firm, Kalus Kenny Intelex (KKI), has provided comment around this week’s High Court judgment in Mann v. Paterson Constructions Pty Ltd. [Peter Mann & Anor v. Paterson Constructions Pty Ltd (2019) – HCA 32]...
Biometric data has been in the spotlight recently with the announcement by the Victorian government that it will upload drivers licence photos to a national database which will initially be used by agencies such as Victoria Police to identify duplicate IDs and fraud....