Brand Protection and Trademarks

Trade marks are used to protect business names, branding, logos. We are specialist trade mark attorneys who advise on the selection of trade marks, domain names and business names that are clear to use and enforceable.

How can we Help?

  • Trade mark searching and brand strategy
  • Trade mark filing and registration
  • Responding to Examiner’s Reports and preparing evidence of use
  • Trade mark oppositions
  • Trade mark enforcement
  • Domain name and business name disputes

Brand Protection – Trade Marks

The key features of a registered trade mark:

  • Needs to be “non-descriptive” and not “too similar” to already existing marks
  • Registered trade marks provide Australia wide exclusive rights to your mark
  • Registered for an initial period of 10 years
  • Allows for the selling and licensing of your trade mark
  • Defends your domain name and business name
  • Enforceable via the Federal Court

The Most Common Mistakes

A summary of most common mistakes we encounter are listed below. Perhaps, the most common is failure to consider common law trade marks and also filing the wrong trade mark.

  • Not understanding common law trade marks rights (someone who has not registered the mark may actually be entitled to the mark)
  • Trade Mark is not registered (or a failed attempt has been made and not professionally addressed)
  • Trade Mark cannot be registered (prior blocking mark or is too descriptive)
  • The wrong trade mark is filed (what actually is your trade mark?)
  • The trade mark is filed in the wrong name
  • The trade mark is not used correctly
  • Lack of synergy between business names, trademarks and domain names

Trademark with us

  • Either online or by appointment our offices
  • Simply email us at

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As an individual inventor, I set out to find a Patent Attorney service that was accessible and reasonably priced to assist in lodging my first patent application. I found IP& (formerly Caska IP) to be not only affordable and accessible, but highly professional and attentive to my needs and requirements. IP& worked with me to assist in refining my idea and expressing its unique qualities. I highly recommend IP& to the individual inventor.

Lester Walters
Inventor, QUAD R&D Pty Ltd