Oppositions, Litigation & Other Disputes

Australian trade mark applications and registered trade marks can be challenged in various ways in the Trade Marks Office and in the Federal Circuit Court or Federal Court (including within the same proceeding as an infringement claim).

Trade Marks hero image


Trade mark rights can be commercialised in many ways. Having the right ownership and licensing structures in place can be crucial to effectively commercialise and derive maximum value from your brand, without jeopardising your trade mark rights.

Licensing trade mark rights can have significant benefits for both the brand owner and its licensee.

It can allow the licensee access to an established and protected brand with substantial associated goodwill; reduce the brand owner’s manufacturing, distribution or service delivery costs; allow the brand owner access to certain markets, sales channels or distribution networks to which the licensee has access, without substantial market knowledge or capital investment; expand business and market position for both parties; grow the value of the brand and its associated products or services; and generate new revenue streams through royalties, licence fees or profits on the supply of specifically-branded products or services. 

Structuring trade mark ownership and licensing arrangements without appropriate expert advice can result in an unintended loss of the brand owner’s trade mark rights or a failure by the licensee to obtain the rights needed to capitalise on the value of the brand as intended.

With an experienced team of trade mark attorneys complimented by our associated IP lawyers, Shelston IP is uniquely placed to provide comprehensive and strategic advice on trade mark ownership and licensing issues and are experts in structuring, negotiating, drafting and advising on trade mark assignments and licensing agreements.

Shelston IP’s Trade Marks expertise and services

Search & Clearance

Customs & Watches

Filing & Prosecution

Assignments, Licensing & Commercialisation

Domain Names & Renewals

Shelston’s work in service area:

1. Shelston has conducted numerous complex Trade Marks Office pre-registration opposition proceedings on behalf of trade mark applicants and opponents in relation to a range of industries.

2. Shelston has made and opposed numerous applications for removal for non-use in the Trade Marks Office in relation to a range of industries.

3. Shelston has acted for trade mark owners and alleged infringers in numerous trade mark infringement disputes in relation to a range of industries.