Intellectual Property

Your most precious asset. Unprotected, it could ruin you. Can you run the risk?

Key areas of our "Intellectual Property" services

In almost every business the creations of your mind and intellect, your “Intellectual Property” should be legally protected. A successful strategy to commercialise and protect your Intellectual Property can mean the difference between success and failure. There are four main areas of Intellectual Property:

  • Copyright protects original "works of authorship".
  • Trade Marks protect words, names and logos used by companies and businesses to identify their goods and services.
  • Patent Law protects new, novel inventions and processes.
  • Confidential Information/Trade Secrets which protect information not generally know in the public sphere.

We have an expert team of advisors to assist with:

  • Trade Mark Registration and Prosecution
  • Intellectual Property Licence Agreements
  • Deed of Assignment of Intellectual Property
  • Intercompany Licence Agreements

Consult with our "Intellectual Property" experts for sage and agile advice.

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Key points to know about "Intellectual Property"

  • If you are starting up a new business or are trying to gain a successful advantage in business, we can’t recommend more strongly that you protect your brands/software/inventions/technology.
  • You can keep a competitive advantage by protecting your Intellectual Property. Imagine if a competitor discovered your secret and started replicating it. What if you shared your idea and then realised that you had lost the legal right to make it exclusively yours. The key is not to talk about your idea or make your Intellectual Property public knowledge before you have protected it.
  • Register your Intellectual Property - You may need to consider more than one type of Intellectual Property protection depending on your creation.
  • Keep your idea a secret - Do not promote or disclose your idea to other people. If you need to involve other people ensure they sign a confidentiality or non-disclosure agreement.
  • Demonstrate that the idea is yours - Keep all records and documentation of your idea.
  • Do not use someone else’s Intellectual Property - Protection may not be available if your idea is similar to one that is already covered.
  • Include Intellectual Property clauses in contracts - It is good practice to include clauses regarding Intellectual Property and confidentiality in all contracts.
  • Defend and Protect your Trade Mark rights - We cannot recommend enough the importance of securing your most important business asset - your brand.

A Case Study

We as Intellectual Property experts are in charge of a large Trade Mark database and have successfully defended and prosecuted Trade Marks on behalf of our clients. A most recent case study was the successful defence of a claim commenced by Red Bull GmbH against our client Total Eden.

Red Bull claimed that Total Eden’s Butt Head logo was filed in classes that were similar to its Red Bull two charging bulls logo, was deceptively similar to this device and that the Butt Head logo it is likely to deceive or cause confusion in the marketplace.

The opposed trade mark covered a range of water pumps, pipes and plastic fittings for drains and valves in classes 7, 17, 19 and 20. Red Bull led evidence of its use and prior registration of the below trade mark that covers similar goods to those of the opposed mark.

In determining that the two trade marks were not deceptively similar, the Hearing Officer agreed with Total Eden’s comment that:

Just because an impugned mark contains the whole of, or a prominent and distinct feature of, a prior mark does not inevitably result in a finding of deceptive similarity. It is necessary to consider the marks as a whole (visually and aurally) and all surrounding circumstances.

The Hearing Officer considered the nature of the goods (being somewhat specialised), the notable visual differences, and the “massive reputation” of RedBull’s trade mark (which the Hearing Officer found would actually reduce the risk of confusion). The Hearing Officer noted that while there was an obvious reputation held by Red Bull in its trade mark, it was not directly in relation to the goods at issue. The Hearing Officer also noted that Total Eden’s goods are not likely to be purchased on impulse. Purchasers of such goods are likely to take due care in their selection and therefore the risk of confusion is likely to be low. On this basis the Hearing Officer found that the trade marks were not deceptively similar and there was no likelihood of consumer deception or confusion. Total Eden’s trade mark proceeded to registration. For a copy of the full decision please go to Red Bull GmbH v Total Eden Pty Ltd [2015] ATMO 67 (20 July 2015)

We would only be too happy to assist with carrying out a search of your brand name to ensure it can be protected globally. Please complete our Trade Mark Application Form and we can arrange to discuss your brand when you book your Priority Legal Advice.

Call 1300 229 273

Guarantee Seal Bayard Lawyers is 100% focused on helping you to achieve your business goals. We act for leading Australian and International brands, start-ups and individuals. Every client’s needs are different and we pride ourselves on providing expert legal advice so that our clients achieve the best possible outcomes.

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