MA (Hons) LLB
Principal, Ellis IP Limited
D: +64 9 975 1078
Brands, registered and unregistered trade marks, Fair Trading and Passing Off, Copyright, IP portfolio creation and maintenance, IP strategy
Building and construction, plumbing and hardware, mobile game applications, software and software applications, apparel, fast-moving consumer goods (FMCG), consumer electronics, wine and alcoholic beverages, pharmaceuticals
- Brand Clearance and Protection
- Brand Enforcement
- Infringement Advice and Dispute Resolution
- Risk Management Advice
- Portfolio Management and IP Asset Register Creation
- Branding Strategies and Architecture
- Fair Trading Act and Passing Off issues
- Domain Name issues
- Advice on the IP aspects of distribution and licence agreements
- IP Licence and Permitted User Agreements
- IP Aspects of Terms and Conditions, Comparative Advertising
- Identification and Enforcement of Artistic Copyright
Rachael is a lawyer, associated member of NZIPA (New Zealand Intellectual Property Attorneys) and member of IPSANZ (Intellectual Property Society of Australia and New Zealand). Rachael has over 20 years’ experience in intellectual property and is a recognised expert for trade mark practice in New Zealand.
Rachael has worked with many international and national companies in a range of different industries to put in place strategies to ensure establishment of a solid base of intellectual property rights and enforcement of those rights against third parties. This includes working at early stages with clients to establish effective brand architecture, capable of trade mark registration and enforcement internationally.
Rachael routinely works with companies to prepare and review IP aspects of licence and permitted user agreements for development and commercialisation of products and businesses internationally, and has been recommended by World Trademark Review as an Individual for Prosecution and Strategy since 2020.
- World Trademark Review WTR 1000 — Recommended Individual for Trade Mark Prosecution and Strategy New Zealand (2022)
Before embarking on an action for infringement of your trade mark rights, you need to properly understand the scope of your own rights.
How do the geographical indications in the European Union Free Trade Agreement affect New Zealand producers?
Developing an effective filing strategy is critical in the formation of a strong trade mark portfolio.
Registering a portfolio of trade marks without a clear business plan can be costly and may not give your business the advantage that you need. There are preliminary steps you can and should consider when choosing potential trade marks for your business.