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.

Our Intellectual Property Law Team

Sven Burchartz

Managing Partner

+61 3 8825 4800
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Heather Richardson


+61 3 8825 4800
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Malcolm Brown


+61 3 8825 4800
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Natalie Lasek

Senior Associate

+61 3 8825 4800
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From our Knowledge Base

Protecting your brand – tips for Sponsorship Agreements

What happens when your brand ambassador goes rogue? Sponsorship arrangements can increase brand awareness and deliver a great return on investment for corporate sponsors. However, unsavoury behaviour by a brand ambassador can quickly tarnish the reputations of the...

How important are trade marks to your business?

Have you considered how important your trade marks are to your business? Registering your trade marks has many benefits, from protecting your brand, making it easier to deal with infringing goods and services, and adding real value to your business. If you haven’t...