INTELLECTUAL PROPERTY LAW SPECIALISTS

TRADE MARKS - COPYRIGHT - PATENTS - DESIGNS - MEDIATION SOFTWARE AGREEMENTS - PLANT BREEDERS RIGHTS - PRIVACY GROWER AGREEMENTS - IP DISPUTES - CONTRACTS FOR SERVICE

Take our brand health Quiz

Welcome to your Brand protection checklist

Do you have Australian trade mark registrations for ALL of your brands (including your house brand and any product brands)?

Do your Australian trade mark registrations cover ALL the goods and services you are providing now, or intend to provide in the next 3 years?

If your business has changed its name or address, is the current owner name and address listed on ATMOSS for ALL the trade mark registrations (or pending applications)?

If you have used third parties to help you with your trade marks, are ALL of your registrations (and pending applications) consolidated with one entity (i.e. on ATMOSS, is there only one name and address which is the "address for service" service for all of your marks)?

Are your registrations (or pending applications) for the broadest possible marks (i.e. where possible, have you gone for plain word marks without stylised fonts and logos)?

Are you using the marks of your registrations in the EXACT form in which they are registered (i.e. without any modifications such as a new font or logo) in relation to ALL of the goods and services covered by your registrations?

Have you got registrations (or pending applications) for ALL of your trade marks, for ALL of the goods and services of interest to you, in ALL of the overseas countries where you are currently trading or intending to trade in the next 3-5 years including: countries where you are manufacturing your goods, countries to which you are offering shipping, and countries where you are accepting payment in that country's currency?

Are ALL of your registrations (or pending applications) in the name of an IP Holding company, to isolate the IP assets from the risk of trading?

Do you have a licence agreement between your IP Holding company and your trading company, and is the IP Holding company exercising actual quality and financial control over your trading company's use of the trade marks?

Has everyone who contributed to any of your trade marks (i.e. the graphic designer who designed your logo) signed a WRITTEN assignment deed that transfers the copyright in the logo and consents to a breach of their moral rights and waives their right to sue for that breach?

Are you using an ® symbol adjacent all registered trade marks and a ™ symbol adjacent all unregistered trade marks?

Are you CAPITALISING your trade marks when using them in text, and using them as a trade mark, not as a decriptor? (eg: "Our ESKY brand cooler boxes are the best on the market")

Do you have Google alerts set up for ALL of your trade marks, so you can see when they are being used and by whom?

Do you check ATMOSS once a month to see whether any trade marks which are potentially deceptively similar to yours have been applied for by 3rd parties?

If you sell your goods via Amazon, have you enrolled your trade marks with the Amazon Brand Registry?