Branding and marketing

Commercially focused advice to support and protect your brand and marketing activities 

Branding and marketing are central to how organisations present themselves, engage with customers and grow their market position. At the same time, these activities are subject to a range of legal and regulatory requirements, particularly where intellectual property, advertising standards and consumer protection laws are involved. 

Practical, commercially focused advice may assist in protecting brand assets, reducing risk and ensuring marketing activities align with applicable obligations. 

Protecting your brand 

A strong brand is a valuable business asset. Taking steps to properly protect and manage intellectual property may assist in maintaining brand integrity and preventing misuse by third parties. 

This often involves: 

• Advising on trade mark protection and brand ownership 
• Assisting with registration and management of intellectual property rights 
• Reviewing branding strategies to identify and mitigate risk 
• Responding to potential infringements or unauthorised use 
• Advising on ownership and licensing arrangements 

Marketing and advertising compliance 

Marketing activities must comply with a range of legal requirements, including those relating to misleading or deceptive conduct, advertising standards and consumer protection laws. Ensuring campaigns are compliant from the outset may reduce the risk of disputes or regulatory action. 

Support may include: 

• Reviewing advertising and promotional materials for compliance 
• Advising on consumer law obligations, including under the Australian Consumer Law 
• Assisting with promotional campaigns, competitions and offers 
• Advising on comparative advertising and claims 
• Responding to complaints or regulatory enquiries 

Managing brand risk and disputes 

Brand-related issues can arise quickly, particularly where there are competing businesses, public-facing campaigns or online content. Early advice may assist in managing reputational and legal risk. 

This can involve: 

• Advising on disputes involving trade marks, branding or advertising 
• Responding to allegations of misleading or deceptive conduct 
• Managing take-down requests and online content issues 
• Assisting with enforcement of intellectual property rights 
• Supporting resolution through negotiation or formal proceedings 

Practical and commercially focused advice 

Advice is grounded in how branding and marketing operate in practice, balancing legal requirements with commercial objectives. The focus is on protecting brand value while supporting effective and compliant growth strategies.