December 2014

Trademark your brand

We asked Brett Lewis of Davies Collison Cave a few questions on registering a Trade Mark.

Do you need a Trade Mark Registration?

A trade mark registration is very often a key business asset.  It turns an intangible property right into a tangible one, something that can be sold and licensed.

Registration typically provides exclusive rights and not only to the actual mark registered. The rights can be enforced against unauthorised users of that mark and deceptively similar marks.

In addition, a registration typically blocks others from registering the same or similar mark in relation to your product or service area and closely-related areas.  For example, registration of a mark for wines can block others from registering in relation to other alcoholic beverages and even non-alcoholic wines!

What Can Be Registered as a Trade Mark?

Almost anything that distinguishes your product or service from those of your competitors is a trade mark and almost anything can be registered.  This includes words, logos, product shapes, aspects of packaging, sounds and even scents.

The benefits of owning a trade mark registration, Why bother?

It’s all about acquiring and consolidating your rights, blocking others, giving you a competitive edge and creating a valuable property right.  A brand is a key business asset: a strong brand adds significantly to the value of the business it represents.

Is it expensive?

The costs will vary from case to case but are relatively small in the overall context of the business development costs, brand creation, product launch and ongoing marketing. Registrations run for renewable periods of 10 years so the annual cost is small

The Process

  • Searching
    Proper clearance searching is a highly skilled task and developing the correct search strategy to capture all relevant marks is key. There is no substitute for a professional search but a good starting point is the official database of trade marks.  Here’s a link:  http://pericles.ipaustralia.gov.au/atmoss/falcon.application_start. Before you apply and even more importantly, before you make a commitment to a new mark invest in a full clearance search.
  • Registration/application
    Registration/application – The process is long: the delay between filing an application and obtaining a Certificate of Registration is at least 8 months but the rights are retrospective to the date on which the application was filed.

International Registration

National applications can be filed in almost every country. There are also regional registrations, like the Community Trade Mark for the EU and international registrations covering 90+ countries.  Choosing the right registration path at the outset is an important decision and should be left to a professional firm.

How Davies Collison Cave can help

Davies Collison Cave is a specialised Intellectual Property firm and is widely recognised locally and internationally as the leading IP firm in Australia.  It has offices in Melbourne, Sydney and Brisbane and strong relationships with corporate clients and other IP firms around the world. The firm specialises in acquisition and enforcement of trade mark rights and these notes were contributed by one of its partners, Brett Lewis: blewis@davies.com.au

John’s latest travels saw him take in 14 cities in just 17 days, a whirlwind trip that was as productive as it was fast-paced. From Shanghai to London, Denmark to Sweden, each new destination saw John meeting with existing clients to discuss upcoming projects, as well as engaging with new clients, and researching and visiting printing suppliers.

  • ProWine China 2014 - John
  • Inter Whisky - Frankfurt Germany Franz and John
  • John with Susann and Christian from AMKA @ the World Bulk Wine Exhibition, Amsterdam
  • Jeroen Groupe LFE and John at the head office in Netherlands
  • Wine store visit - John and Morten from AMKA Randers Denmark
  • John outside a wine store in the Netherlands

The trip began with a 4-day stop at ProWine China and despite the initial hiccup of a missing plane ticket and an expired Visa, John says.

I had 4 solid days of quality meetings with clients, both existing and new, and all eager to get design work underway. The perfect way to start such a busy trip.

From ProWine it was off to Europe where, in addition to fostering client relationships, John took the opportunity to get out into the retail environment,

It’s imperative that I use these trips to study the shelves, see what designs are currently in the market in each location, and also take note of the way products are being displayed in-store. I filter all this back to the team and when I return we have a number of round-table discussions to identify new global trends.

It’s this process that ensures JJD is constantly at the cutting-edge of design. In addition to the market research, John says

I also get a buzz from seeing labels we’ve created out on shelves and performing successfully on the global stage. This is reinforcement not just for myself and the team that we are on-point, but it’s also reassurance for our new and existing clients.

During his travels, John was also looking to identify new technologies in printing and label application and was impressed by the calibre of suppliers he was able to unearth. If you’d like to take advantage of the knowledge John has acquired from his most recent travel, contact John Jewell Design.

Fast Five with John Jewell

What was your favourite show of 2014?

Without question, Prowein Dusseldorf. 10 years and still going strong, it’s one of the most powerful wine shows in the world thanks to the amount of trading that takes place and the professional manner in which it’s run.

Most beneficial show to attend?

I would have to say it’s a tie between Prowein and London Wine Show. We did some great business at both shows this year.

What did you take from your travelling this year?

It’s been interesting to see the current global trends in what people are drinking, as well as the evolving design styles in the different countries and how that will affect consumer attitudes and preferences in the future. I can’t say too much more – don’t want to give away all my secrets!

Why do you travel?

Quite simply, to build the John Jewell Design business. This occurs not only through face-to-face interaction with clients, but the market research undertaken on these trips is just as important to ensure the business can continue to grow and be relevant in the competitive design market.

What’s next for 2015?

I am planning shorter trips but more frequently throughout the year. This will allow us be more responsive in following up business opportunities, in turn, allowing us to better service our clients. We get such a great response from clients during these trips, but in a fast moving industry, these need to be followed up quickly or momentum is lost. This change to travel will really set the pace for the year.

Fractal Bespoke Wine Label Design

In creating the Fractal wine label, John Jewell Design was tasked with turning winemaker Bruce Clugston’s concept into reality. With a background in mathematics, Bruce was intrigued by fractal designs – structured mathematic formulae which give rise to beautiful patterns – and was searching for a way to utilise these captivating images on a wine label.

Bruce engaged the team at John Jewell Design, whose first task was to research fractal images and then search the globe for somebody who could produce the right designs utilizing this specific mathematical technique. A digital artist was finally located in the USA, and a consultative process began to source designs that best reflected the wines they would adorn.

The chosen images, once skilfully structured to work within the realm of a wine label, were then further enhanced by the use of fragmented foil, designed to give the patterns even more depth, as well as to illustrate the premium nature of the wines. In addition to the foiling, the packaging is further enriched by the use of gold and silver capsules. The final product is a stunning representation of Bruce’s initial vision and John Jewell Design’s knowledge and expertise.

If you’ve got an idea for a label and need the expertise of an award-winning design firm to help bring it to life, contact John Jewell Design.

A word from Bruce Clugston…

The fractal labels look amazing… They should win awards… Thank you to everyone.

Bruce Clugston, Wineinc