Intellectual Property Law

At McColm Matsinger Lawyers we recognise the value of intellectual property and assist our clients to maximise the value of their intangible assets including their common law trade marks, registered trade marks and copyright.

Our lawyers primarily focus on trade marks and copyright.

Trade marks are a trader’s unique way of distinguishing their goods and services from those of other traders.  Trade marks are often in the form of words or logos but can also be scents, colours, sounds and three dimensional shapes.  Trade Marks can be registered on the Trade Marks Register which secures ownership of the trade mark and gives the trader the ability to exploit and enforce their trade mark.

Copyright can be harder to recognise as copyright is not registered and are inherent rights that exist in original works including literary, dramatic, musical and artistic works, as well as in subject matter other than works, for example sound recordings, cinematographic films, television broadcasts and published editions of works in which copyright subsists.

While these rights are automatic, assistance is often required to enforce those rights, to ensure the copyright in original work created by designers or employees’ vests in the business owner, or to licence or assign copyrights.

If appropriate steps are taken, intellectual property can add significant value to a business by:

  1. Attracting customers;
  2. Building reputation and goodwill; and
  3. Giving security to prospective buyers where registration is achieved, increasing the value of a business upon a sale,

We assist clients to recognise and understand the nature of their intangible assets and can help in the following areas relating to trade marks and copyrights:

  1. Provide advice on possible conflicts and the ability to register new trade marks;
  2. Prepare and file new trade mark applications;
  3. Review logos and branding of new businesses and products, and carry out conflict searches before new products and businesses are launched;
  4. Protect and enforce existing trade marks;
  5. Licence or assign trade marks;
  6. Provide advice on copyright issues such as protection and enforcement;
  7. Enforce copyrights;
  8. Licence and assign copyrights.

Discuss your business and its intellectual property assets with Christine Matsinger and Tamsyn Harris.