Intellectual Property, Trademarks & Copyright

When you create a copyright work, a new software, an industrial design, or a new product, you need the advice of an IP lawyer on the best way to protect, commercialise and enforce your intellectual property rights in those IP assets under Intellectual Property Law, including copyrights, trademarks, design rights, and trade secrets. Our IP lawyer and copyright lawyer Sydney can advise and assist you manage IP law issues, including enforcing your IP rights against counterfeits and false advertising. Stevensen Business Lawyers provides multi-faceted and customised solutions to protecting valuable IP assets, including overseeing advancement and protection of those rights in a number of ways, including copyright, trade mark registration, design registration, domain names, and Australian business names.

Our services in this area include:

Intellectual property rights protection & brand protection

In addition to overseeing registration of your trademarks with IP Australia, we can guide you through the process of design registration, for your product shapes. We can also advise on your copyright ownership rights to written material or software code created by you or commissioned by you from others.

Where a non-employee has contributed to creation of a valuable IP asset, we can prepare the written contract recording the commercial arrangement between you, such as a royalty agreement, a licence agreement or an assignment agreement.

When you are about to commercialise or distribute an invention, SBL works with patent attorneys to assist our clients simplify the process of registering a patent.

Trademark registration overseen by an IP lawyer

Are you looking for help from a trademark lawyer to apply for trademark registration in Australia? SBL can oversee and manage the process of applying to IP Australia for registration of your logo, Australian business name or getup and packaging of your product.

Unlike some suppliers of trademark registration services, our experience and knowledge extends well beyond that of the trade mark registration process, to that of trade mark litigation and preparation of contracts to protect your intellectual property rights and interests. Therefore, we can provide you with piece of mind of a holistic approach to legal protection of your valuable brand assets.

SBL can assist you to develop an overall strategy for protection of your brand, logo designs and packaging of which trade mark registration in Australia may well be just one element, and may be first step to launching worldwide distribution.

Trademark Infringement Cease and Desist Letter

We can prepare a Cease and Desist Letter on you behalf to a trader who has infringed your Australian registered trade mark or unregistered trademark, such as a rival trader copying your getup, branding or advertising material, or falsely representing that they are associated with your business.

If you have received a Cease and Desist Letter from someone alleging you have engaged in trademark infringement, our trademark lawyer can advise you on your position under Trademark Law and prepare a rebuttal of the claim against you.

Commercialisation of your intellectual property rights

Our IP Lawyer can assist you to protect and commercialise your copyright or industrial design rights through negotiating and preparing a range of contracts with the end-users of your material, such as an exclusive or non-exclusive IP Licensing Agreement or Intellectual Property Assignment Agreement. As an adjunct to commercialisation of your product’s IP, SBL can prepare a Manufacturer Agreement, Merchandising Agreement, Distribution Agreement, or review and update for you the contract template provided by the manufacturer, merchandiser or distributor.

Legal help to resolve a trademark dispute or other IP law dispute

We advise, assist and represent clients in intellectual property disputes including:

  • Starting proceedings in opposition to proposed registration of a trademark that is similar to our client’s branding;
  • Defending businesses against accusations of passing off action and misleading and deceptive conduct under the Australian Consumer Law;
  • Defending businesses against allegations of trademark infringement or copyright infringement;
  • Advising and representing owners of branding, copyright or trademarks on protecting their IP assets and enforcing their intellectual property rights against copycats and counterfeits, including:
    • applying to the court for an urgent injunction to freeze assets or to stop sales of infringing items; and
    • prosecuting court proceedings against alleged infringers of those rights seeking a damages payment to cover your direct losses or an account of profits made by the infringer;
  • Defending respondents in the Federal Court of Australia against allegations of infringement of the trademarks and other intellectual property rights of others, and negotiating to achieve a negotiated settlement, where appropriate.

For further information on how Stevensen Business Lawyers can assist your company to protect or enforce its intellectual property rights, please contact us. In the meantime, see our Blog articles on Intellectual Property and also on Commercial Litigation.