Specialized Practice Areas
We describe below the objectives of typical tasks conducted by
the Firm:
Protection, Management and Exploitation
Selecting a trade mark
Trade Mark law creates exclusive rights to use marks that distinguish
one's goods or services from the goods and services of others. A trade
mark usually comprises one or more words (yes, names too), designs,
letters, shapes, aspect of packaging, smells and sounds and must be
registrable. We assist clients with the many issues involved in selecting
and securing your identity.
Searching
Legal clearance searches are conducted to identify potential conflicts.
Before you spend money on an application it is important to see whether
other existing marks may present a risk of infringement or bar to
registration.
Registration & Maintenance
Our work includes all aspects of Australian and International (Madrid
and CTM) applications for registration, challenging refusals, oppositions
complemented by renewal reminders and formalities after the first
10 year period is up and backed by a global network of agents. Over
the life of a trade mark we use computerized tools and years of experience
to manage, structure and rationalize your portfolio to reflect your
commercial strategy and optimize value for money spent.
Enforcement & Exploitation
Each trade mark is a monopoly right. So that you maintain and
gain revenue from your valuable property, our work includes collaborating
with investigators, with other legal practitioners and our international
network of agents with anti-counterfeiting, infringement and passing
off issues and, if need be, litigation. In non-contentious matters
we exercise well honed drafting skills and a large precedent database
to document licence and assignment transactions for manufacturing,
distribution, marketing and brand exploitation.
Madrid Protocol
The Madrid Protocol established a system which reduces the cost
of obtaining and maintaining a trade mark registration in many countries.
International registration of trade marks can be applied for in
all the countries designated by the applicant, save that a national
registry can refuse protection in its own country.
In effect it is a collection of independent national rights all
bearing the same number on one application to the World Intellectual
Property Organisation ("WIPO") in Geneva (rather than
a unitary registration covering the European Union as a CTM).
Its administrative simplicity affords many advantages and offers
our Australian trade mark clients a cost-effective route to trade
mark protection in foreign countries. Significant cost savings are
made on Madrid Protocol based renewals compared with national registrations.
If you would like a copy of our Reference Manual, or if you have
other questions relating to Madrid Protocol applications, please
contact Nick Weston, on 1300 132 551 or via email at mail@nicholasweston.com
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