Trade Marks

A trade mark helps distinguish your products and services from others and can comprise any marking such as a word, phrase, symbol, picture or any combination of these.

Find your specialist

How we can help with trade marks

 

Led by award-winning partners, our experienced trade mark team are ranked ‘Gold’ by World Trademark Review – a prestigious publication that ranks the world’s leading trade mark professionals.

If your main market advantage is driven by the distinctiveness or provenance of your brand, product or service, you will want to consider trade mark protection. A trade mark helps distinguish your products and services from others and can comprise any marking such as a word, phrase, symbol, picture or any combination of these. A trade mark can also be a colour, shape, sound, or even a smell if capable of being represented graphically.

Registration of a trade mark confers on the registered owner the exclusive right to use that mark in relation to the specified goods and services (known as classes), and in the jurisdiction(s) for which registration has been granted. Some businesses use registration to restrict the same mark or confusingly similar marks from being used by others.

James & Wells’ large local and international client base ensures that our trade mark attorneys are well-practised in brand evaluation and strategies, clearing trade marks for use, preparing and filing applications, and obtaining registered trade mark protection both domestically and internationally.

With significant experience across all industry sectors including mechanical engineering, medical technology, ICT, food & beverage, natural products, electronics, telecommunications, software and agribusiness, the firm’s experienced specialists routinely work with clients to develop strong brands and marketing strategies.

The team review publicity material to ensure correct trade mark use and regulatory compliance, and conduct intellectual property audits and gap analyses to ascertain strengths, weaknesses and opportunities.

They prepare long and short-term filing strategies domestically, and internationally, via the Madrid Protocol and other methods.

In coordination with our commercial and litigation teams, the firm’s trade mark and patent teams offer IP due diligence, advice regarding product labelling and product claims, IP transfer and licensing services, infringement assessments in all areas of IP, as well as technical support for oppositions, revocations, invalidity actions and enforcement actions more generally.

Meet our trade mark experts

Carrick Robinson

Partner

Carrick Robinson

Carrick is a trade mark and branding specialist with over 23 years of intellectual property experience in New Zealand and the United Kingdom. He assists businesses with mitigating brand risk and with leveraging their IP and works with brand managers…

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Tim Walden

Managing Partner

Tim Walden

Tim is the Managing Partner of James & Wells and specialises in trade mark law. Managing large trade mark portfolios, completing clearance investigations for new brands, devising filing strategies, establishing brand ownership, and enforcing trade marks overseas, are all part…

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Mark Williams

Partner

Mark Williams

Mark is a Registered Australian Trade Mark Attorney and leads the James & Wells trade mark team in Australia. Mark specialises in both contentious and non-contentious trade mark work including trade mark clearance searching, infringement advice, filing and prosecution of…

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Ceri Wells

Partner

Ceri Wells

Ceri is a founding partner of James & Wells, a past president of the New Zealand Institute of Patent Attorneys, an experienced patent and trade mark attorney, and an outspoken champion of innovation. As an experienced lawyer and patent attorney…

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Shaun Hagerty

Solicitor

Shaun Hagerty

Shaun is a Solicitor in the Hamilton Trade Marks team. Shaun also works in the Asia Division. He specialises in advising clients from a wide range of industries regarding the availability, protection and maintenance of their brands in New Zealand…

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Ben Cain

Senior Associate

Ben Cain

Ben specialises in resolving disputes concerning registered or common law trade mark rights, domain names, copyright rights, registered designs, fair trading issues and confidential information. His passion is resolving trade mark and domain name disputes, having spent 14 years as…

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Andrew Knowles

Of Counsel

Andrew Knowles

With over 30 years’ experience working in intellectual property, Andrew has been involved in numerous trade mark and design cases both in prosecution and litigation. His current practice includes working with clients on trade marks, copyright, design and patents. Outside…

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Stephanie Hadley

Associate

Stephanie Hadley

Stephanie is a Solicitor and Brand Strategist based in our Christchurch office. As a member of our dedicated ‘Food and Beverage Innovation’ team and with a background in marketing and consumer law, Stephanie is one of our Food Standards advisory…

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Edward Chen

Associate

Edward Chen

Edward is a Taiwanese born and New Zealand educated trade mark lawyer with a background in commercial law. The majority of Edward’s work concerns trade mark law and practice, with a particular focus on registering and clearing trade marks for…

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Megan Cox

Solicitor

Megan Cox

Megan is a Solicitor in James & Wells Auckland Trade Mark Team. Megan has a Bachelor of Laws from the Auckland University of Technology and worked as a Law Clerk at another Auckland firm before joining James & Wells in…

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Jason Wach

Partner

Jason Wach

Jason is an experienced intellectual property litigator. He has an extensive background in acting for local and international businesses and assisting them with the enforcement of intellectual property rights. He has appeared as counsel and assisted senior counsel in all…

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James Rowland

Associate

James Rowland

James is an Associate in our litigation team. James’s practice, while extending across a range of intellectual property rights, is centred predominantly on the obtaining and enforcement of patent rights. Frequently working across teams and in multi-jurisdictional disputes, James has…

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George Jackson

Solicitor

George Jackson

George is a Solicitor with the litigation team based out of Tauranga. George’s practice includes dispute and enforcement of a range of intellectual property rights, but with a particular focus on trade mark and Fair Trading Act 1986 matters. George…

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Gus Hazel

Partner

Gus Hazel

Gus is one of Australasia’s most experienced intellectual property lawyers. His experience includes litigation at all levels of the Australian and New Zealand systems, alternative dispute resolution procedures (mediation and arbitration), commercialisation, regulatory issues and administrative law. In addition to…

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Ian Finch

Partner

Ian Finch

Ian is recognised as one of New Zealand’s most influential leaders in intellectual property. He has extensive experience advising clients in the filing, prosecution, and enforcement of their innovation at all levels and across a range of industries, particularly in…

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Alexia Mayer

Partner

Alexia Mayer

Alexia is an experienced Australian and New Zealand intellectual property (IP) litigator. Alexia’s practice includes patent, trade mark and copyright infringement, patent and trade mark oppositions, breach of confidence, IP ownership disputes, misleading and deceptive conduct, and IP licensing. Originally…

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Trade mark insights & resources

Champions of Innovation®

Since 1979, James & Wells has been at the forefront of innovation in Australasia. We are here to help you grow, leverage and protect your IP. Our depth of experience ranges from managing large IP portfolios for international corporations, right through to protecting the ideas of start-ups, and everything in between. No matter the size of your organisation, James & Wells are here to be your dedicated Champions of Innovation®.

We are a full-service IP firm – that means you will find everything you need to protect your IP just by working with us. We will help you with patents, trade marks, litigation and IP strategy – our people are externally recognised as some of the best in the business, and they work together to bring you custom-built IP solutions that are tailored exactly to your needs. When you work with James & Wells, you know you’re in a safe pair of hands, with a highly experience team supporting you.

Talk to us today about how we can work together.

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