Trade Marks and Business Names

Trade mark registration and ancillary trade mark services have been a core business of Wrays for over 85 years.
We work with graphic designers, brand consultants, marketing managers, small businesses, in-house counsel and overseas associates in the protection, commercialisation and enforcement of trade marks and associated rights.

We have one of the largest teams of registered trade marks attorneys in Australia and New Zealand and the additional expertise of specialist lawyers who can advise on trade practices issues, labelling, passing off, copyright and other matters arising out of a trade mark portfolio.

We can also assist clients in Timor-Leste (East Timor), through both cautionary notices and the re-acquisition of Indonesian trade marks through the East Timor Ministry of Justice, and file trade marks on behalf of our clients in every conceivable international jurisdiction.

What is a Trade Mark?

Under Australian and New Zealand law, a trade mark is a sign that is used in the course of business by a trader to distinguish their goods and services from others. A trade mark can be a letter, word, name, signature, numeral, logo, brand, heading, label, ticket, aspect of packaging, shape, colour, sound, scent, or any combination of these.

The registration of a trade mark provides a statutory monopoly and exclusive use of the trade mark throughout Australia and New Zealand in relation to the goods and/or services for which it is registered. As a result it gives the owner of the registered trade mark the right to prevent anyone else from using a trade mark that is identical or deceptively similar and from trading in goods and/or services associated with the registered trade mark.

To obtain a trade mark, the sign must not be one that other traders may need to use to promote their own goods or services, such as a general descriptive term, a geographic word or common surname, and it cannot mislead the public about the nature of the goods or services.

What is a Business Name?

Business name registrations are a form of consumer protection required by Australian State legislation. They are applicable to businesses who trade under names which are different from the business entity’s name.
Wrays will register and maintain the protection of your business name in Australia as an integral part of the corporate image portfolio, and the consequent trading reputation of your business and company.

How we help

Wrays is able to manage all aspects of a company image, trade marks and the registration of business names. Wrays will register and maintain the protection of your business name as an integral part of the corporate image portfolio, and the consequent trading reputation of your business and company.

We can assist you in;

  • the development of your trade mark to the point where it can be registered;
  • searching to determine that a specific trade mark is available for use;
  • filing trade mark applications in Australia and throughout the world;
  • prosecuting the applications to registration; and 
  •  protecting your trade mark against infringements and challenges by others.