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
The recent widespread fallout between sponsors and sporting codes is forcing a rethink of how events, such as a global pandemic and government intervention, are dealt with in future commercial contracts. According to Australian sports law firm, Kalus Kenny Intelex...
This weekend will see a new king of the mountain crowned as the winner of the coveted Bathurst 1000. However, this year will be different. It will be done without the normal crowds due to the impacts of COVID-19, the race will be the final event in the shortened...
Franchise Agreements are governed by both the Australian Consumer Law (ACL) and a mandatory prescribed industry code called the Franchising Code of Conduct (Code), which is enforced by the Australian Competition and Consumer Commission (ACCC). The ACCC recently...