Trade Mark Portfolio Management
Whether your business has one trade mark registration or hundreds, it or they need to be properly maintained. This can be as basic as making sure the name and address details of your registrations are correctly recorded on the Trade Marks Register, ensuring changes of ownership are recorded and ensuring renewals are processed on time.
If you are in the process of applying to register trade marks, many more deadlines will apply, including deadlines to respond to examination reports, deadlines to pay registration fees and in some instances, deadlines to pay extension fees, to keep a case pending.
It is so easy for such matters to become lost in all the other things your business is doing, and in addition, the correspondence from the Trade Marks Office is often complex and difficult to understand and deadlines are not always clearly stated.
In addition, once your trade mark has proceeded to registration, it is often forgotten. The box is ticked and a sense of security is put in place, and rightly so. However, if you are not checking to see if others are using the same or similar trade mark or if others are seeking to register the same or similar trade mark on a regular basis, the original investment in your trade mark is not being returned. Accordingly, it is necessary to do searches on Google, the trade marks register and the various name registers, – company, business and domain names – to ensure that your trade mark is not being infringed or your rights not being curtailed.
Once your trade mark has been registered for five or more years it may become vulnerable to removal from the register for non-use. See our section on Non-use Actions. Accordingly, if you have not already done so, you should start collecting evidence of your use of your trade mark to ensure that you could defend a non-use action should one be commenced against your trade mark. If your business is arranged as a group of companies, as many are, this would also include looking putting the necessary licences and controls in place to ensure that use of your trade mark by others could be used to defend any such non-use actions.
We have developed a range of products to manage your portfolio of trade marks that seek to address these trade mark management issues at an affordable price.
Call us to MANAGE your trade mark portfolio today.
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This is how we've helped others
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"Marshall IP Group has been assisting SAI Global with its trade mark, IT and other intellectual property agreements for over 4 years now. They have demonstrated a good understanding of our businesses and services and this commercial understanding is applied to the legal advice and assistance they have provided. They have shown expertise beyond their size and (regional) location and an ability to stand their ground against their City counterparts: you get the quality of a city law firm partner but you are not charged the big city law firm rates. They are pro-active, commercially sensible and this has given me, as a busy in-house Corporate Counsel and Company Secretary, peace of mind in relation to SAI Global’s national and international IP Portfolio and other legal needs. "
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"Marshall Marks has recently filed a large number of trade mark applications for us and has a high level of success in terms of getting marks registered with the minimum of fuss and additional costs. They have well established processes that identify problems early on so that time and money is not wasted on problematic applications and deliver their services promptly in a courteous and professional manner. They have demonstrated a strong ability to handle a large and growing IP Portfolio in the very competitive drinks sector of the market. I would recommend them to any company that wants to get a grip on its IP."
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"Marshall IP Group has been a supporter of the iAccelerate from its very beginnings. iAccelerate is a state of the art incubator for start-ups and early stage technology businesses located at the University of Wollongong’s Innovation Campus. Marshall IP Group’s CEO, Tim Marshall, has provided thorough, thoughtful and insightful contributions to iAccelerate providing informative seminars, workshops and advice for many of iAccelerate’s companies. Marshall IP Group demonstrates a commitment to the innovation agenda for Australia and the Illawarra region. "
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"I am delighted to recommend Tim Marshall and the team at Marshall IP Group for all aspects of intellectual property and technology law. Marshall IP Group fills an important space in the legal market in regional Australia and Australian capital cities. The businesses that I am heavily involved in, RMB Lawyers and Unison Outsourcing, have both enjoyed excellent advice and customer service from Marshall IP Group in relation to trade marking our businesses and protecting our brand."
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"Entering the world of trademarks and IP, as a means of protecting our brand both now and in the future, was met with an unclear understanding of where we could turn for assistance. Tim and his amazing team at Marshall IP Group have made the whole process a hassle free one and we confidently recommend their services to anyone wanting to add value to their brand and business. "
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"Nobody likes to have to fight a court case and especially one against an internationally based company, but that was what we found ourselves facing in 2012. We were so lucky we found Tim Marshall of Marshall Legal. We highly recommend his services to anyone who wants a good business lawyer that gives good solid advice on all matters, including Intellectual property matters, trademarks and Patent attorneys who have proved invaluable to our business"
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