Trade mark and IP lawyers for Melbourne businesses

Trade mark advice for a new or growing business

Launching a new trademark in Melbourne starts with understanding what you own. A business name, domain and logo can all be important assets, but obtaining one does not settle your rights in the others. Before committing to a new brand, consider the trade mark position and the way the brand will be owned and used. Trademark law in Melbourne is the same national law that applies across Australia, so those questions do not change because your business is based in Victoria.

If you are looking for a trademark advisor in Melbourne, our Sydney-based team can work with you remotely before launch and help you avoid a name that is difficult to protect. We can help you assess a proposed name or logo, interpret search results and prepare an application. If you have already filed, we can review the application or a report from IP Australia.

Some businesses compare a trade mark attorney in Melbourne with a law firm. Whether you choose a Melbourne trademark attorney or a lawyer, the application is made through IP Australia.

For businesses expanding beyond Australia, we can also discuss international trade mark registration. Australian protection does not automatically extend to overseas markets.

Our trade mark registration service explains the application process. If you are still checking a name, start with a comprehensive trade mark search.

Intellectual property advice beyond trade marks

The right advice depends on the asset involved. A product name, an illustration, a confidential process and a licence agreement raise different questions, so an intellectual property lawyer for Melbourne businesses will usually start by identifying which assets matter and who owns them.

Our intellectual property lawyers can discuss ownership, use and protection of your business IP. That may include reviewing how rights are dealt with in an agreement, assessing permission to use material or advising on a dispute.

For example, you may need a licence that sets out how another business can use your IP, an assignment transferring ownership, or confidentiality terms before sharing commercial information. If a new product involves an invention or distinctive design, tell us before disclosing it publicly so the appropriate patent or design advice can be identified.

If several assets are involved, an IP audit can help identify what needs closer attention. Tell us about work created by employees, contractors or an external agency, as the relevant arrangements may need review.

When comparing IP law firms in Melbourne and interstate, ask whether the team can deal with ownership, agreements and disputes as well as registrations. As intellectual property (IP) lawyers for Melbourne businesses, our Sydney-based team can explain how your matter would be run before you engage us.

Copyright questions and disputes

You may need a copyright lawyer for your Melbourne business if there is a question about a photograph on your website, copy supplied by an agency or someone reusing your material. Start with the work involved, who created it and the permissions or agreements you have.

If you have received a demand alleging infringement, preserve the letter and relevant records. Our copyright infringement lawyers can discuss the claim and the information needed to assess it.

Where the question is about ownership or licensing rather than an infringement claim, explain that when you enquire so the work is scoped appropriately.

When another business uses a similar brand

An established business can encounter a competing application or similar branding in the market. The first step is to identify the issue: an opposition to an application and a claim about use of a mark follow different processes.

We can discuss the relevant records, correspondence and commercial priorities. Our trade mark opposition page covers the application process, while our infringement page explains disputes about use.

Working with our team from Melbourne

Our office is in Sydney, and we assist Melbourne clients from our Sydney practice. When you contact us, we can discuss how the advice and exchange of documents can be managed for your matter, and whether any attendance or local arrangements are required.

To help us assess the enquiry, send the relevant name or asset, a short explanation of the issue and any document showing a deadline. If more than one company or business owner is involved, include those details too.

You should know who will handle the work, what is included and how fees will be charged before engaging the service.

IP issues when buying or selling a business

If you are buying or selling a business, ownership and transfer of its IP may need to be addressed alongside the wider transaction. Trade marks, licences, websites and content do not all pass in the same way simply because a trading name is included in negotiations.

When buying a business, a lawyer for a Melbourne buyer can check whether the seller owns the IP being transferred. When selling a business, a lawyer for a Melbourne seller can help confirm what the business owns and can pass on.

Tell us early that a sale or purchase is involved, whether you need a business purchase lawyer for a Melbourne acquisition or advice on a sale. Our business purchase lawyers and business sale lawyers can discuss the transaction work, with the relevant IP questions considered as part of its scope.

Common questions