A big-picture approach to brand protection.
We work at the intersection of intellectual property protection and commercial strategy so you can secure, manage, defend, and grow your brand with confidence.
Our Approach.
Our approach gives you complete understanding over how to protect your brand and intellectual property and future-proof your business for smart, sustainable growth.
We believe the best results come through shared knowledge and collaboration. Well beyond generic legal templates, box ticking and filing paperwork - we’re beside you as your brand grows and evolves, providing strategic, commercially savvy advice. We love working closely with start-ups and founder-led businesses and their teams to deliver informed, insightful and intentional advice for peace of mind. Our approach is more inclusive and open than your traditional law firm - and that’s just the way we like it.
1. Advisory & Strategy
We get to know you and your business so we can provide expert insight and advice to protect and build your brand.
2. Secure & Manage Brand & IP Assets
We set your strategy into action with trade marks, design registrations, and copyright advice for your IP assets.
3. Manage Relationships & Reputation
We enforce and defend your IP by managing your relationships through agreements, terms and conditions, and policies.
4. Commercialise & Grow Your Empire
We guide you through expansion, whether that’s product lines, franchising, new markets or global audiences.
Our Capabilities.
Our business, commercial and intellectual property experience and skill set gives you the confidence and peace of mind that your brand is legally protected.
Intellectual Property & Brand Protection
Brand protection strategies and roadmaps
Trade mark registration, prosecution and enforcement
IP licensing and assignment
Copyright and design protection
Global IP portfolio management
Trade mark oppositions and non-use actions
IP disputes and infringement
Alternative dispute resolution
Trade mark monitoring and watching services
IP Audits and due diligence
IP contracts and clauses review
Brand protection strategies
Consulting and training on a wide range of brand protection and IP topics.
Business & Commercial Law
Business formation and structuring advice
eCommerce
Confidentiality and non-disclosure agreements
Drafting, reviewing and negotiating commercial contracts
Terms and conditions of trade
Consultancy and contractor agreements
Service agreements and supply contracts
Licensing and distribution agreements
Franchising agreements
Media, events and entertainment contracts and releasers
Business consulting and training
Domain name disputes
Regulatory & Compliance
Australian Competition & Consumer Law and the ACCC
Privacy and data protection
Marketing practices, ACMA and SPAM Act
Competitions and promotions
Unfair contracts regime
Business names and ASIC
Franchising Code of Conduct
Consumer guarantees and product safety
Drafting internal policies and procedures
Compliance audits and training
Advisory & Strategy.
To protect a brand, you have to genuinely understand it. Our approach to brand and intellectual property protection strategies involves a detailed, in-depth understanding of your business, your goals and the market you operate in. We provide strategic and insightful advice, offering a fresh perspective on how to manage your brand and intellectual property to give you a strong foundation for growth and long-term success.
-
To protect a brand, you have to genuinely understand it. Our approach to brand and intellectual property protection strategies involves a detailed, in-depth understanding of your business, your goals and the market you operate in. We provide strategic and insightful advice, offering a fresh perspective on how to manage your brand and intellectual property to give you a strong foundation for growth and long-term success.
-
Ethikate’s commercially-driven brand protection strategies are tailored to your business, securing your brand identity, preventing infringements and strengthening your market positioning.
-
Resilient, scalable businesses are built on strong foundations. We advise on business structures and models that drive your strategic goals, ensure compliance and enhance your operational efficiency.
-
Product brands are heavily regulated by Australian and state competition and consumer laws. We advise clients on their rights and obligations under the Australian Competition and Consumer Act and its state counterparts. From product safety to consumer rights and the new unfair contract terms (UTC) regime, we are with you every step of the way.
Secure & Manage Your IP Assets.
Proactive protection of your intellectual property assets safeguards your business and the value of your brand.
We specialise in brand and intellectual property protection and portfolio management for trade marks, copyright and designs, so you can have complete confidence that your brand and internal assets are defended from all angles.
-
Proactive protection of your intellectual property, confidential information and proprietary knowledge is vital to secure your edge in a competitive market. Our structured approach safeguards your critical business information, trade secrets and know-how, prevents unauthorised disclosure and use, and readies your business for growth. Protection strategies include contracts to secure and safeguard your intellectual property, confidential information and proprietary knowledge, intellectual property portfolio management, maintenance, global trade mark registration, and securing and protecting your copyright.
-
We are passionate about protecting brands – trade marks are our specialty. We handle trade mark applications through to registration, ongoing management, and renewals. Our vigilance and experience means you can be confident your brand identity is maintained and your intellectual property rights are protected and enforceable.
-
Securing correct ownership of your business intellectual property is a critical step often overlooked or misunderstood, particularly when it comes to copyright. We advise and implement simple and effective measures to secure your intellectual property assets. When the time comes to grow, restructure, or just move onto new things, we can handle the seamless transfer of intellectual property rights for you.
-
Product designs need protecting before they go to market. We manage the design registration process for you, so you can prevent copycat products that infringe on your designs and restrict your commercial viability. We maintain and enforce your designs so you can invest your energy into the creative and innovative side of your business.
-
Copyright is one of the most complex intellectual property rights and one you should not be navigating on your own. We can advise you on a range of copyright issues in your business to give you clarity and confidence in your rights.
Manage Your Relationships & Reputation.
Relationships and reputation can be the maker or breaker of your brand.
Our rigorous approach to developing and negotiating contracts, terms, policies, ownership and licensing of your intellectual property assets gives you the confidence to engage with stakeholders, clients, contractors, manufactures and wholesalers knowing your brand is secure.
Manage your stakeholder relationships.
-
Clear agreement terms are essential for all businesses. We draft and review customer agreements and terms of sale so you can be confident that your business is protected by clear and commercially competitive terms.
-
Tailored and plain English terms and agreements are integral in giving you security and confidence in your commercial dealings. We prepare and negotiate contracts, ensuring they’re legally sound and aligned with your strategic objectives and business model. Our expertise spans all aspects of contract law drafting and negotiation so you can be confident that your business is protected by clear and commercially competitive terms.
We support our clients with a broad range of contracts, including customer terms and conditions, client services agreements, supplier terms, consultancy and contractor agreements, media and talent/location releases, agency agreements, advertising and sponsorship agreements, photography agreements, design services agreements, influencer, collaboration and product endorsement agreements, funding and government contracts.
-
In any organisation, keeping your confidential business information and proprietary knowledge (commonly referred to as trade secrets or know-how) secure is paramount - but there are occasions during expansion, negotiations and partnership development when information needs to be shared confidentially. Our expertise in confidentiality deeds and non-disclosure agreements (NDA) will protect your confidential business information and proprietary knowledge, preventing unauthorised disclosure and use, giving you the confidence to secure future intellectual property assets, and move towards growth and expansion.
-
Privacy and data protection is a key factor in building consumer trust in your brand. We provide guidance to ensure your business is compliant with global regulations, ensuring you meet legal standards and allowing you to build – and retain – the trust of your customers. Drafting and reviewing privacy and data protection policies is one of our key services.
-
Successful supplier and manufacturing relationships demand comprehensive and clear terms to protect your commercial interests and manage risks. Our expertise in drafting and reviewing agreements with suppliers and manufacturers deliver peace of mind and protect your intellectual property assets and brand integrity. Our experience and understanding of the commercial realities of engaging with manufacturers means we also implement a practical and pragmatic approach to strike that important balance between your commercial and legal interests.
-
The success of your business relies on getting your products to market efficiently, legally and consistently. We draft and negotiate distribution and wholesale agreements on your behalf to protect your commercial interests and help you to establish and maintain distribution partnerships that are productive and legally compliant.
-
Being transparent and securing your intellectual property rights upfront in your relationships with customers, manufacturers, distributors, employees, and contractors delivers peace of mind and the freedom to operate your business without the risk of infringement or losing your intellectual property assets. We work closely with our clients to ensure that they have the right ownership and licensing arrangements in place, whether that be by way of a transfer of the intellectual property via a deed of assignment or securing authorisations via a licensing agreement.
Manage your online presence.
-
In a world built on digital transactions, strong website terms and conditions are essential. We draft detailed terms and conditions that clearly outline the expectations for users of your website and apps. Our terms cover all legal necessities, ensuring your business is compliant and protected from potential risks.
-
Transparent management of customer data is vital for building trust in your brand. Our website privacy policies are compliant with Australian privacy laws, outlining how user data is collected, used and protected. We also consider the wider impacts of international obligations, such as the GDPR and CalOPPA.
We support our clients with a broad range of contracts, including customer terms and conditions, client services agreements, supplier terms, consultancy and contractor agreements, media and talent/location releases, agency agreements, advertising and sponsorship agreements, photography agreements, design services agreements, influencer, collaboration and product endorsement agreements, funding and government contracts.
-
Transparency around the use of customer data and tracking is key in establishing trust in your brand. Our cookie policies detail how they’re used on your website, providing clarity for users and ensuring compliance with your legal requirements.
-
Email is an essential tool of business. Our spam and opt-out policies play a critical role in respecting the trust of your customers, maintaining positive communication and ensuring you’re compliant with anti-spam laws and obligations.
-
Clear, fair returns policies and terms of sale protect your business and provide confidence and clarity for your customers. Our terms cover all aspects of sales transactions to help reduce disputes.
-
Competitions are a popular marketing tool for brands of all sizes. To ensure legal compliance and fair participation, we draft terms and conditions that clearly outline the rules, guidelines and risks for contests and promotions. We ensure legal compliance nationally, protecting your business and participants.
Monitor, enforce and defend your brand.
-
Monitoring is essential for effective enforcement of your intellectual property rights. Our global trade mark and design monitoring and watching service ensures you’re alert to any potential infringements, including the filing of similar trade mark or design applications, allowing for a proactive response.
-
We’re fierce defenders of your brand and intellectual property. We provide expert legal advice for intellectual property disputes, including trade mark, copyright and design infringements. Our work covers review of your legal position, development of appropriate enforcement or defence strategies, drafting and issuing of cease and desist letters and negotiating settlement terms on your behalf. Our services protect your brand and intellectual property, enforcing your rights clearly and effectively.
-
Our effective management of oppositions and non-use proceedings protect your trade marks from unauthorised third-party use and registration, ensuring their continued registration and protection. Our expertise and attentiveness help to maintain the integrity and exclusivity of your brand and intellectual property. We manage the proceedings and dealings for you to give you peace of mind and so you can focus on what you do best.
-
Business and domain names are irreplaceable tools in business. We provide advice and assistance in managing your brand and intellectual property in relation to your domain names and social media accounts, ensuring your online presence is secure and protected from risk. We support you to navigate the complexities of business, intellectual property and domain name law, including social media accounts. Registration, management, and dispute resolution are all part of our service.
-
Counterfeit products can damage your brand integrity and erode your market. We can design and implement anti-counterfeit measures to guard against counterfeit goods entering Australian and overseas markets and devaluing and damaging your product brand.
Commercialise & Grow Your Empire.
Be ready when growth opportunities arise.
We advise on scalable business structures and provide intellectual property advice that set the foundation for sustainable growth and development.
Product expansion, international expansion, licensing and strategic partnerships, joint ventures, and mergers and acquisitions are all on the table. Our expertise advising on in intellectual property audits and due diligence contributes a wealth of insight and information for negotiations and planning, providing a clear commercial value for your intellectual property assets.
-
Initial and ongoing intellectual property reviews are essential in identifying, securing and maintaining your intellectual property portfolio. We conduct both on and off-site intellectual property audits to identify, assess, secure and maintain intellectual property assets within your business, providing businesses with critical insights and data to support strategic decision-making and growth planning in addition to peace of mind and enhancing the value of the business.
-
Strategic partnerships and collaborations present significant opportunities for growth and expansion. Our IP-focused agreements help you leverage these commercial collaborations, with clear terms that ensure mutual benefit for all parties while also protecting your brand.
-
Intellectual property, trade marks, patents and design registrations hold significant value during mergers and acquisitions. Our expertise in developing merger and acquisitions strategies ensures that the value of your intellectual property is maximised and leveraged. We also provide intellectual property due diligence support during the investigation stages of the transaction and can successfully manage transfer of intellectual property ownership upon completion.
-
An essential component of commercialising your intellectual property is licensing. We structure and negotiate fair and clear licensing agreements that allow you to monetise and exploit your intellectual property, while still retaining full control over its use. We will also review and advise on licensing third party intellectual property.
-
The best time to protect the intellectual property for your new brands and products is during the creation and development stages. We provide legal guidance and strategic input to identify and secure intellectual property rights for your product brands, to create a strong intellectual property asset portfolio and secure exclusivity in products and product brands before going to market. Our support continues through development, manufacturing and distribution, maintaining your intellectual property assets and giving you the confidence to expand your brand.
-
Brand expansions into new products or new markets are an exciting time for businesses. We provide insight and legal advice for brand extension strategies that support cohesive and successful brand growth, while still protecting and maintaining your brand identity in Australia and internationally.
-
With extensive experience internationally, we provide strategic advice and legal support to help you navigate foreign markets and regulatory environments. Our comprehensive approach and large network of international associates ensures your launch is seamless and compliant with local laws and regulations that impact your brand and business model.
We work tirelessly to secure your trade mark and design registrations and implement the appropriate licensing arrangements in overseas markets to ensure you have the peace of mind that you can freely and exclusively sell your products overseas under your existing brand.
-
Succession planning is integral for both the long-term stability and asset value of your business. We assist in the development and implementation of detailed brand and intellectual property succession plans that help to ensure a smooth transition, maximise value and structure your business for a successful sale and exit.
Industries we work with.
Product brands
Cosmetics industry including beauty and personal care
Food and beverage
Homewares and furniture
Baby, toddler and children’s goods including toys and playthings
Lifestyle and wellness products
Software and IT
Fashion apparel, footwear and accessories
Pharmacy and healthcare products
Service brands
Consultancies, coaches and agencies
Professional services
Creative services
Education and training organisations
Health and fitness
Hair and beauty salons
Building and construction
Process, mining and civil engineering
Retail and Wholesale
Hospitality
Not for profit organisations (NFPs)
Not sure where to start?
We’ve created packages based on our most popular capabilities and services. They’re fully tailored to you and your brand and give a great indicator on where to start.
We’re brand defenders.
It’s our aim to make intellectual property law less daunting - we provide clear legal advice and guidance to start-ups and SMEs, protecting their intellectual property, managing trade marks, and enabling them to build their brand and grow their business.
