Case Studies

Challenge

When our client was setting up his business, he began the trademark process independently and received an adverse examination report indicating his brand could not be protected due to existing cited marks. Concerned about this outcome, he approached us for advice on whether there was a way forward.

Solution

We offered a free review of the examination report to assess whether the objections could be overcome. Our review identified that one of the cited trademarks appeared vulnerable to removal for non-use, and that some amendments to the client's class descriptions could also help address the examiner's concerns.

We subsequently amended the class descriptions to narrow the specification and minimise overlap with the cited marks. At the same time, we investigated the use of one of the cited marks and confirmed it had not been used within the relevant period. We then filed a non-use application, which successfully resulted in the removal of the cited mark.

Outcome

Our client now holds registered trademark protection for his brand in Australia for both his logo and words, securing his business identity and allowing him to move forward with confidence. This matter highlights the value of professional review and strategic action, even when an application initially appears blocked.

Challenge

As Natural Raw C's trademark portfolio and market presence grew, the company sought to protect its evolving brand assets, including the tagline #RAWSOME. However, existing trademark owners had broad claims over similar terms, creating potential obstacles to securing exclusive rights.

Solution

To overcome these challenges, we:

• Investigated and filed non-use applications against existing trademark owners with overly broad claims who were no longer actively using their marks.
• Navigated a lengthy opposition proceeding, ensuring Natural Raw C's rights to the term #RAWSOME were protected and defended.
• Successfully obtained a favourable decision earlier this year, granting Natural Raw C full ownership over the trademark #RAWSOME for its coconut-based products.

Strategic Benefits Achieved

Securing full ownership of #RAWSOME in relation to their products has strengthened Natural Raw C's trademark portfolio, allowing them to use and enforce the tagline without risk. This protection enhances brand recognition, prevents infringement issues, and clears the path for future market expansion.