The term Intellectual Property relates to many different forms of assets, including copyright, trade marks, confidentiality and trade secrets (IP). IP exists in every industry, from clothing and computer software to restaurants and real estate. Whatever type of legal guidance you need, you can be sure that we have the experience and knowledge to help.
At Coulter Legal, we understand the crucial role IP plays in your business success. Our dedicated team has extensive experience across all facets of IP law, from trademarks and copyright to trade secrets. We partner with you to secure your assets and navigate the intricacies of IP protection.
We offer comprehensive trade mark guidance encompassing everything from registrations to oppositions, infringement resolution under the Trade Marks Act and international registration. Whether you are protecting a product, service, or logo, our experienced lawyers guide you through the entire process, ensuring your brand receives the legal protection it deserves.
Set your business up for success by undergoing an IP audit. This review process identifies, analyses, and manages your company’s IP portfolio. Our comprehensive assessment helps you:
Partner with our experienced team of professionals, to conduct a thorough IP audit and unlock the full potential of your IP.
A large part of IP law for businesses is branding clearance, which aims to ensure that your brand does not infringe on any existing brand’s assets. Our comprehensive branding reviews and clearance services help you ensure the integrity and legality of your brand identity.
We run a wide range of checks, including:
By undertaking one of our branding reviews, you will be notified of any immediate issues, as well as any potential challenges that may arise in the future.
Design registration is perfect for protecting the appearance of your products or artworks based on their design features and characteristics. We provide advice on all design-related issues in IP law, assisting you in
With a focus on protecting your creative innovations, we help you navigate the complexities of design law.
If you are looking to protect your copyright or need to ensure that your ideas do not infringe on another person’s copyright, trust us to guide you through the world of Copyright infringement law. We help you:
We can also assist you in preventing future infringements, ensuring the continued protection of your intellectual property.
We have expertise in addressing every part of the deceptive conduct claims process. Our team can assist you with legal guidance and problem-solving around Consumer Law, as well as how to appropriately respond to false or misleading claims made against your business. You can also trust us to follow up with businesses to back up a claim they have made against you, and then take full legal recourse, on your behalf, against any misleading claims.
Protecting your business’ sensitive information is crucial to its success. Trust us to help you safeguard what you have worked so hard to build with expert Non-Disclosure/Confidentiality Agreements (NDAs) advice. Our expertise includes:
We also offer businesses best practices for implementing and enforcing NDAs, including strategies for safeguarding your confidential information, handling breaches, and resolving disputes.
Trust us to assist you in protecting the integrity and attribution of your creative works. Our services include:
Our focus is always to ensure that your moral rights are upheld and respected in accordance with applicable laws and regulations.
If you are looking to register your business name, partner with us to help you navigate the complex world of registration law. Our process involves:
Our expert team will streamline the registration process, and ensure that your business name is properly registered, protected, and positioned for success.
We offer legal assistance and representation for the commercialisation of your intellectual property. Our team have years of experience overseeing:
We will ensure that your IP assets are effectively monetised and positioned to achieve your business objectives, while minimising risks and legal exposure.
Trust us to help you navigate any competition and consumer law issues. Our expert team ensures businesses comply with relevant regulations, providing guidance on competition law issues, including:
With a focus on compliance and risk management, we also offer assistance with consumer protection laws, including
Contact us to help your business maintain ethical standards, while protecting your reputation, and ensuring your business remains competitive
Trust Coulter Legal to safeguard your intellectual property and trade secrets. We assist you in tailoring confidentiality agreements and trade secret protection strategies that protect you from unauthorised disclosure and misuse of your valuable trade secrets.
Safeguarding confidentiality and trade secrets is key to maintaining your business’ edge. Let us assist in safeguarding your sensitive business information through:
You can also rely on us to assist with best practices for protecting your trade secrets, including security measures, restricting access to information, and employee training.
Keeping your business’ IP registration up to date is incredibly important when it comes to safeguarding your intellectual assets. Our dedicated team maintains your IP portfolio, including monitoring the deadlines, assessing renewal requirements, and managing your registration records. We also prepare and submit your renewal application for you, ensuring compliance with legal requirements and maintaining the validity of your IP rights.
Fine print is crucial to the integrity of Intellectual Property law. Our team are experts in drafting and reviewing terms and conditions to effectively protect your IP rights, covering:
If you experience a dispute or breach related to IP in the area of terms and conditions, we offer representation in all legal proceedings, ensuring your business is protected from every legal angle.
By partnering with us, you can ensure that your business’ privacy policies are legally sound, transparent, and effective in protecting both your business and the privacy rights of your staff members. We draft comprehensive privacy policies and offer ongoing support by updating and maintaining your privacy policy to ensure continued compliance. Trust our team to ensure that your privacy policy aligns with all regulatory requirements, while effectively safeguarding your business and its most valuable asset – its people.
Before you begin the journey of starting a business or building your current one, we help you ensure your intellectual assets remain yours. Our team is ready to guide you on anything you might need to protect your business from the inside out.
With an expert team of IP law professionals, we work with you to identify your potential intellectual property and then place you with an expert in that specific area of IP law. We then assist you in protecting your IP into the future, through IP management, commercialisation and enforcement.
Your trade mark is your identity. It shows your customers who you are.
A trade mark is more than a logo, a trade mark is a way of identifying your unique business product or service.
Once a trade mark is registered, you are provided with the exclusive right to use your brand. This means if you see someone using a brand identical or deceptively similar to your trade mark, you will have grounds to ask them to stop using that brand. Likewise, a trade mark provides you with the protection against third parties asserting trade mark infringement against you.
Business Names and Company Names are not trade marks and do not provide you with the protection you need. Whilst you can register a company name or business name, this does not provide trade mark protection. If someone is using a similar business name to you, you do not have any legal grounds to stop their conduct.
The quickest a trade mark can become registered is 7 ½ months from the date the application is filed, so it’s best to plan ahead.
The process of a trade mark application involves:
(a) An application to IP Australia stating the details of trade mark, the owner and classes and specification in which to register.
(b) An examination by IP Australia to ensure the trade mark complies with the Trade Marks Act 1995 (Cth). This includes but is not limited to:
(i) whether your trade mark is distinctive enough to be registered; and
(ii) whether there are any trade marks already registered which are similar to yours;
IP Australia may object to your trade mark being registered, and any of IP Australia’s objections must be overcome before the application will progress to the next stage.
(c) Once your trade mark has been accepted by IP Australia, it will be advertised in the Trade Marks Journal for two (2) months to allow third parties who may have a claim to your trade mark to lodge an opposition.
(d) Provided no opposition is received, the trade mark will proceed to registration, whereby your rights to exclusive use will back date to the filing date and remain in place for ten (10) years, at which point you may renew the registration.
Commonly, a trade mark might be a word, a logo, a catch phrase or even your business name as you have displayed on any signage or packaging. However trade mark registrations are not limited to these, they may also be: