Trade Marks

Simpsons is recognised as one of Australia's leading firms in trade mark protection and enforcement.

Service Areas & Representative Work

  • Trade mark clearance searches and advice, including on proposed new product launch.
  • Trade mark applications in Australia, New Zealand and internationally.
  • Advising on protection of non-conventional trade marks such as shape, colour and other elements of branding.
  • Trade mark non-use actions.
  • Trade mark oppositions, including co-ordinating across multiple countries.
  • Evidence of use in trade mark applications.
  • Trade mark disputes acting for clients protecting their marks from infringement and defending themselves against infringement allegations.
  • Trade mark litigation.
  • Domain name disputes.
  • Brand sponsorship agreements.
  • Brand licensing.

Our expertise in this area is extensive, acting for some of the world's most well-known brands. We are able to offer expert advice and assistance in all trade marks matters, from the relative simplicity of advising on registrability, clearance searches and prosecution to contentious issues, such as multi-party oppositions, non-use removals and litigious options.

Our specialist trade marks knowledge has led to us acting for clients from all industry sectors, among them, arts & entertainment, food & beverage, fashion, esports, publishing, advertising, design, health and various consumer goods and services. These clients range from individuals starting out to large multi-national corporations. Our focus is on ensuring that our advice is practical and commercial.

We also have a wealth of experience in areas of law that regularly come with trade mark protection, exploitation and enforcement including advising and acting in relation to misleading and deceptive conduct/passing off disputes, particularly in relation to product branding, advertising and marketing. Trade mark related commercial agreements such as agreements transferring or licensing trade marks; brand sponsorship agreements; advertising and marketing agreements.