Align Law

intellectual property

Your intellectual property sets your brand apart from competitors. Protecting it is vital to maximising your brand's commercial potential

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Align Law's experienced IP team are experts in protecting and leveraging your brand's ideas, products, image and identity to ensure you can capitalise on your company's reputation and recognisability in the marketplace.

Our IP team has experience across an array of sectors including food and beverage, pet food, brewing, media, retail, sports and leisure, entertainment, pharmaceuticals and automotive industries.

Our IP team provide advice and guidance on a range of intellectual property matters including:

  • advertising, marketing and trade promotions
  • branding advice
  • clearance searching
  • confidential Information
  • copyright and designs
  • domain name registrations and related strategy
  • franchising
  • geographical Indications
  • intellectual property litigation
  • international trademark registration
  • IP commercialisation agreements, including assignments and licensing
  • misleading conduct and passing off
  • prosecution, opposition and infringement matters
  • trade marks and branding
meet the team

notable projects

  • stategic branding advice, clearance searching and portfolio management

    Managed the trade mark portfolios of local clients and multi-national companies, advising in relation to everything from global rebrands, clearance searching, international filing programs, and the use or non-use of older brands.

  • prosecution of trade mark applications (australia and new zealand)

    Prosecuted the Australian application for the name of a much-loved children's television show, and obtained registration in numerous classes after overcoming a large number of prior marks and following an ex parte hearing at the Trade Marks Office. Oversaw the registration of word and logo marks in Australia and New Zealand for the Birmingham Commonwealth Games in 2022, including overcoming objections with the consent of the New Zealand Olympic Committee.

  • opposition and no-use removal proceedings

    Acted for both opponents/non-use applicant and trade mark owners in opposition and non-use removal proceedings before the Australian and New Zealand Trade Marks Offices.

  • trade mark enforcement

    Advised clients in respect of customs notices, counterfeit products and cease and desist letters. This includes advising a local confectionery manufacturer in respect of allegations of trade mark infringement made by a competitor and a successful negotiated settlement on favourable terms for the client. Implemented successful enforcement programs, which includes preparing emplate letters of demand and advising on and taking action in respect of repeated misuse of trade marks.

  • advising a major publisher on a confidential project

    Advised a major publisher on a highly confidential project related to a proposed update to a much-loved character and brand. The advice included consideration of whether the use of the updated images would constitute use of existing registrations and how both registered and reputation rights (established over many years of substantial use) might be impacted or diminished.

  • local confectionary manufacturer regarding infringement allegations

    Advised a local confectionary manufacturer in respect of allegations of trade mark infringement made by a competitor in which a successful negotiated settlement on favourable terms was achieved.

  • design enforcement

    Acted in a design enforcement matter including sending letter of demand to large local retailer regarding copying of well-known (but expired) design.