Trademark Attorney.

Trademark specialist offering services and advice in a range of matters relating to trademarks.

Daniel McIntosh

Trademark Attorney.

Trademark specialist offering services and advice in a range of matters relating to trademarks.

Created by potrace 1.10, written by Peter Selinger 2001-2011

Trademark
Disputes

Are you being threatened with trademark infringement? Or is another party using your trademark or something similar to it? Seek advice as to your legal position.

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Created by potrace 1.10, written by Peter Selinger 2001-2011

Trademark
Opposition

Trademark oppositions can arise during the course of the application process at IP Australia, or in the context of a “non-use” removal proceeding.

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Created by potrace 1.10, written by Peter Selinger 2001-2011

Trademark
Infringement

Trademark infringement matters often begin with you either receiving or sending a trademark infringement “cease and desist” letter related to your trademark.

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Created by potrace 1.10, written by Peter Selinger 2001-2011

Domain
Names

Domain names, or website names, are often sought after items. There are special policies and procedures for maintaining and enforcing website names.

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Who We Are: Daniel McIntosh

Who We Are:
Daniel McIntosh

McIntosh IP is a niche trademark attorney firm, located in Melbourne, Australia, that provides trademarks advice for clients in Australia and the globe.

Our goal is to continue providing professional and commercially relevant advice to our clients, at the most competitive rates.

Although we have extensive experience in trademark and patent matters, we do not believe that lower fees requires a compromise on quality advice. Instead, we operate on smaller overheads than other firms. McIntosh IP is a young and dynamic firm. We don’t need to impress our clients with large offices and chesterfield couches; we let our great work and professionalism impress.

“Determining our client's needs is the first step to providing good advice. Diligence and competence are the second.”

- Daniel Mcintosh, Principal

Our Speciality Areas

Trademark Disputes

A Trademark dispute arises where one party is alleged to be using a trademark of another party in a way that infringes the other party’s exclusive rights provided by the trademark.

Trademark Opposition

Although any “person” can initiate trademark opposition proceedings it is usually a competitor who will seek to do so. A trademark opposition can only be on specified legal grounds.

Trademark Infringement

Under the Trade Marks Act 1995 (Cth), trademark infringement occurs when a person uses a “sign” that is substantially identical with, or deceptively similar to, a registered trademark.

Domain Names

If there is a dispute regarding a domain name, an aggrieved party may seek to use the auDA’s dispute resolution policy to challenge the basis of the Registrant’s non-compliance with auDA’s policy.

Testimonials

Our
Clients

Our Clients

Blog

Business name no defence to trade mark infringement

A common misconception is that registering a business or company name gives you a right to use it in any manner you desire.  This is not the case.  If your business or company name infringes on another party’s trade mark, then they can prevent you from using it and also seek damages. It is easy

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“There’s an App for That!” is now an Apple Trade Mark

Most large and successful brands are very trade mark conscious, often verging on being aggressive.   And non more so than Apple Inc.  Apple is now the owner of the ubiquitous catchphrase “There’s an App for That.”  Apple Inc owns the registered Australian trade mark no. 1374498 for “THERE’S AN APP FOR THAT” in relation to

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Infringement under Designs Act 2003-Section 19

  The test of ‘substantially similar in overall impression’ in section 19 of the Designs Act 2003 (Cth) is stronger than the test of ‘fraudulent or obvious imitation’ in Designs Act 1906 (Cth).  Introduction Despite the increased celebration of product design, the law protecting designs remains amongst the least utilised of all the registered intellectual property

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Trade Marking in China

Are you doing business in China?  If so, you may want to consider registering your name or brand as a trade mark to protect it. Trade marks are country based, so you only have protection in countries where you have a registered trade mark. It may be surprising to some, but there are many similarities

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Get In Touch

Contact Us

We are here to help you and aim to respond within 24 hours. 

General Inquiries​

Email: [email protected] 9/440 Collins St Melbourne VIC 3000 Australia Phone (03) 8657 3349