Trade Mark Lawyers

At Pointon Partners we understand the importance of securing protection of your intellectual property rights.

Innovate, Engage and Deliver Results

Intellectual Property has become one of the most integral and valued assets of any business in today’s market. Those assets are an important means of maintaining the goodwill of your business and ideas and forms an integral part of the marketing strategies for your goods and services. With the growth of online trading, social media and electronic communications, businesses are now, more than ever, required to understand the importance of commercialising and protecting their intellectual property.

Our experience

Our Intellectual Property team assist clients with creating, protecting, defending, enforcing and commercialising their valuable intellectual property rights.

The team is led by David Mazzeo, a leading trade mark lawyer and registered Trade Marks Attorney.

We ensure clients have effective safeguards in place to minimise risks and maximise the commercial potential of their intellectual property.

We represent Australian and international brands, businesses, entrepreneurs and innovators in a range of industries.

Our services

We assist clients with a range of intellectual property matters, including:

• registering and protecting intellectual property nationally and internationally;
• defending, enforcing and prosecuting intellectual property rights nationally and internationally;
• intellectual property advice and strategy;
• intellectual property related agreements including assignments and licensing arrangements;
• internet transactions including registering and defending domain names;
• non-contentious and contentious intellectual property matters;
• trade mark oppositions;
• software licensing, support, maintenance, resale and distribution;
• confidential information and privacy; and
• commercialisation of intellectual property rights.

Trade Mark Disputes

Trade mark disputes can threaten the value of a brand built up over years, and they often move quickly – cease and desist letters, opposition proceedings and infringement claims all carry tight deadlines.

Pointon Partners’ Intellectual Property team, led by David Mazzeo, a leading trade mark lawyer and registered Trade Marks Attorney, together with Felicity Cara-Carson and Stefano Mazzeo, advises clients on trade mark disputes across Australia and internationally through the firm’s LAWorld network.

Our experience

We assist clients with:

• Trade mark infringement claims and defences
• Opposition and removal proceedings before IP Australia
• Passing off and misleading or deceptive conduct claims involving branding
• Disputes over trade mark ownership, including ‘first to file’ versus ‘first to use’ conflicts
• Enforcement strategies to protect brand value, including cease and desist correspondence and negotiated settlements

Our team closely follows developments in trade mark law, including high-profile disputes such as the Kim Kardashian-West ‘SKKN’ trade mark dispute and the Katy Perry v Katie Perry decision, to keep clients’ strategies current.

Frequently Asked Questions

What should I do if I receive a cease and desist letter about my trade mark?

Cease and desist letters often carry tight response deadlines, so it is important to seek advice promptly. A lawyer can assess whether the claim has merit and advise on your options, which may include negotiating, responding formally, or defending your position.

What is a trade mark opposition?

An opposition is a formal process before IP Australia where a third party challenges a trade mark application before it proceeds to registration. Opposition proceedings have strict timeframes, so early advice is important.

What is the difference between ‘first to file’ and ‘first to use’?

These are competing principles that can arise in trade mark ownership disputes. Australia is generally a ‘first to file’ jurisdiction, but prior use of an unregistered mark can still give rise to rights in some circumstances, which is why ownership disputes can be complex.

Can I stop someone from using a trade mark similar to mine?

Depending on your rights, enforcement options can include cease and desist correspondence, negotiated settlements, opposition or removal proceedings, or infringement action, with the right approach depending on your specific situation.