Led by award-winning partners, our experienced trade mark team are ranked ‘Gold’ by World Trademark Review – a prestigious publication that ranks the world’s leading trade mark professionals.
If your main market advantage is driven by the distinctiveness or provenance of your brand, product or service, you will want to consider trade mark protection. A trade mark helps distinguish your products and services from others and can comprise any marking such as a word, phrase, symbol, picture or any combination of these. A trade mark can also be a colour, shape, sound, or even a smell if capable of being represented graphically.
Registration of a trade mark confers on the registered owner the exclusive right to use that mark in relation to the specified goods and services (known as classes), and in the jurisdiction(s) for which registration has been granted. Some businesses use registration to restrict the same mark or confusingly similar marks from being used by others.
James & Wells’ large local and international client base ensures that our trade mark attorneys are well-practised in brand evaluation and strategies, clearing trade marks for use, preparing and filing applications, and obtaining registered trade mark protection both domestically and internationally.
With significant experience across all industry sectors including mechanical engineering, medical technology, ICT, food & beverage, natural products, electronics, telecommunications, software and agribusiness, the firm’s experienced specialists routinely work with clients to develop strong brands and marketing strategies.
The team review publicity material to ensure correct trade mark use and regulatory compliance, and conduct intellectual property audits and gap analyses to ascertain strengths, weaknesses and opportunities.
They prepare long and short-term filing strategies domestically, and internationally, via the Madrid Protocol and other methods.
In coordination with our commercial and litigation teams, the firm’s trade mark and patent teams offer IP due diligence, advice regarding product labelling and product claims, IP transfer and licensing services, infringement assessments in all areas of IP, as well as technical support for oppositions, revocations, invalidity actions and enforcement actions more generally.
