About Us
Global Trade Mark Protection
Crawford Potter Gray + Scrivener is a boutique trade mark practice advising businesses on the protection, registration and strategic management of brands in Australia and internationally.
From initial clearance and registration through to monitoring, enforcement and portfolio strategy, the firm provides structured oversight of trade marks throughout their lifecycle.
Businesses operating in multiple markets require more than individual filings — they require coordinated protection across jurisdictions.
Services include:
• Trade mark registration in Australia and internationally
• Trade mark portfolio management
• International brand protection strategy
• Trade mark monitoring and enforcement
Our practice is built on businesses that view trade marks not as filings, but as long term commercial assets, using our proprietary system
"InproPort™".
Why Crawford Potter Gray + Scrivener?
Our practice combines specialist trade mark expertise with a rigorous portfolio management infrastructure. We track deadlines, monitor registers for conflicting applications, advise on use requirements, and manage renewals across every jurisdiction in which your marks are registered. We work with a carefully selected network of trusted foreign counsel to deliver consistent, commercially focused advice worldwide.
Whether you are building a trade mark portfolio from the ground up, rationalising an inherited collection of rights, or responding to an infringement, Crawford Potter Gray + Scrivener has the expertise to protect and maximise the value of your intellectual property using its proprietary InproPort™ portfolio management system.
Melbourne | Australia | International Representation
Contact Crawford Potter Gray + Scrivener to discuss your requirements and safeguard your brand — across every market that matters to your business.
Jurisdictions Seviced
Australia
Australia operates under a hybrid “first-to-use / first-to-file” system.
Registration is not strictly required to establish rights. Unregistered rights may arise through prior use; however, enforcing those rights is often complex, costly, and evidentially burdensome. Courts require proof of substantial reputation, and the scope of protection is typically confined to the specific goods or services in which the mark has been used.
Registration, by contrast, provides statutory exclusivity, streamlined enforcement, and a clear basis for opposition and infringement proceedings under the Trade Marks Act 1995 (Cth).
Practical reality:
Unregistered rights may exist — but registration is what makes them commercially enforceable.
New Zealand
New Zealand follows a “first-to-use” approach, similar to Australia.
Unregistered rights may arise through use and may be enforced via the tort of "passing off" or under the Fair Trading Act 1986 (NZ). However, as with other common law jurisdictions, enforcement without registration is fact-intensive and uncertain.
Registration under the Trade Marks Act 2002 (NZ)provides:
- clear ownership,
- exclusive rights, and
- a structured enforcement framework.
Practical reality:
While use may establish a foothold, registration secures the position.
USA
The United States operates under a “first-to-use” system, where rights arise through lawful use in commerce.
However, federal registration under the Lanham Act provides substantial advantages, including:
- nationwide priority (subject to earlier users),
- presumptive ownership and validity,
- access to federal courts, and
- enhanced enforcement remedies.
Unregistered (common law) rights are geographically limited and can be difficult to scale as a business expands.
Commercial takeaway:
In the US, use creates rights — but registration turns those rights into a national asset.
United Kingdom
The UK is also a “first-to-file” jurisdiction, with registration forming the primary basis of protection under the Trade Marks Act 1994 (UK).
Unregistered rights may arise through the common law tort of "passing off", but this requires establishing:
- goodwill,
- misrepresentation, and
- damage.
This is a high evidentiary threshold, often involving extensive proof and litigation risk.
Practical reality:
"Passing off" is a remedy of last resort — not a substitute for registration.
European Union
European Union
The European Union is a “first-to-file” jurisdiction under the EU Trade Mark (EUTM) system.
Rights arise primarily through registration, which grants protection across all EU Member States via a single filing. While unregistered rights may exist in limited circumstances (e.g. national rights or reputation-based claims), they are fragmented and significantly harder to enforce.
Key advantage:
A single EUTM registration provides pan-European protection, making it one of the most efficient systems globally.
Commercial takeaway:
Delay in filing can result in third parties securing rights ahead of you — even where you are the original brand owner elsewhere.
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