Madderns Patent & Trade Mark Attorneys

04/03/2026

Protecting your brand is critical in the beverage industry, whether you're launching a craft gin, a functional sparkling water or a boutique wine label.

Is your trade mark protection strategy keeping pace with your current offerings and expansion plans?

Are you accounting for industry changes including low and no-alcohol offerings, which you might soon be competing with?

Our Associate Elise Bruce highlights what you might need to consider: https://bit.ly/46BWB2F.

02/03/2026

Sun, smiles, and the San Diego crew at last year's International Trademark Association (INTA)'s Annual Meeting ☀️

A snapshot of the Madderns team in its element, together, in person, and exactly where we do our best work.

This year, that same squad will be making its way to London.

A new backdrop, the same energy…and while we can’t promise the sunshine, we can promise genuine catch ups, great conversations, strong coffee (or tea), a few pints, and all things IP, plus a new pose to try and top this one.

For us, the INTA Annual Meeting is about showing up, reconnecting, strengthening relationships, and meeting new people who make this global community what it is.

London, we’re ready.

If you’ll be there too, we’d be delighted to see you.

23/02/2026

When you hear the word Prohibition, you might think of the United States’ ban on the production, transportation and sale of alcohol in the 1920s... which makes it a bold name for a spirit brand.

That’s where Prohibition Liquor Co turned to Madderns in its early days, seeking advice and support — starting with protection of its clever and distinctive name.

Prohibition Liquor Co. has since grown from founder Adam Carpenter’s backyard to become an international success story on the gin stage.

With his background in graphic design and strong focus on brand identity, Adam has worked closely with Madderns to protect the company’s valuable intellectual property both in Australia and overseas.

Watch to learn more about how the Madderns team has supported the brand to rise through the ranks for more than a decade.

19/02/2026

Have you noticed the way apples are commercialised is changing?

More fruit is sold through “managed” or branded variety programs, where the variety itself, the brand and the quality system are tightly linked.

That shift is powered by Plant Breeders’ Rights - the legal framework that lets breeders and program owners control who can grow a variety and how it enters the market.

Our Senior Associate Michael Dow explains how the industry is changing, what you’ll notice in the shops and what best practice looks like for growers here: https://bit.ly/4qPCHZh.

15/02/2026

Our Managing Partner Mark O'Donnell was drawn to a career in intellectual property by his fascination with the potential of life sciences advancements to transform healthcare and industry.

He brings extensive experience in IP and private practice to our Life Sciences and Chemistry team, making him exceptionally well-placed to provide strategic advice and leadership in the sector.

Hear from Mark about what sets Madderns apart and what drives his enthusiasm for the work he does. Learn more about Mark’s expertise: https://bit.ly/3MAJKqw.

10/02/2026

The Australian Innovation Patent is still alive and kicking (just!) - providing the same rights and remedies as a standard Australian patent with a maximum 8 year term and a limit of 5 claims. Importantly, the innovation patent is subject to a lower inventiveness threshold, making it potentially an effective litigation tool.

Despite new innovation patent filings ending in 2021, an innovation patent can still be obtained as a divisional of a pending standard patent application having an effective filing date of 25 August 2021 or earlier.

Our Partner Dr Anthony Lee explains that if patent enforcement litigation is on the horizon, it’s worth considering keeping a standard patent application alive if this preserves your ability to file for an innovation patent.

Anthony reviews the considerations in: https://bit.ly/4aEBf72.

10/02/2026

We are seeking a highly-organised, experienced Finance Manager to join our team to manage all aspects of financial management for Madderns, including accounting, regulatory and financial reporting. For more details and to apply, go to:

Finance Manager role, responsible for the end-to-end accounting function and managing a small team within a mid-sized Intellectual Property firm.

09/02/2026

The patentability of gaming machine technology has been the subject of a long-running legal dispute between Aristocrat Technologies Australia and the Commissioner of Patents. While the case relates to gaming machines, it has wider implications to the patenting of any software system or computer-implemented inventions.

We’ve been keenly following this matter through the courts, given its implications for innovators of software-related inventions.

In what may be the final chapter of this legal saga, the High Court of Australia has refused to hear an appeal by the Commissioner of Patents on the recent Full Federal Court decision that had found against the Commissioner (see our article on the earlier decision: https://bit.ly/4rE6l4v), effectively endorsing an approach to assessing the patentability of software-related inventions that is founded on more traditional principles and widely seen as more favourable to patent applicants.

This is a significant win for Aristocrat and innovators of software-related inventions.

To find out more, read the latest update from our ICT partners Dr Chris Wilkinson and Dr Anthony Lee here: https://bit.ly/3ZXNjdq.

02/02/2026

Proud moment for the Madderns team ✨

We are delighted to share that Madderns Patent & Trade Mark Attorneys has again been recognised in the World Trademark Review WTR 1000, receiving a silver ranking in Australia for prosecution and strategy.

The WTR 1000 is a leading global guide dedicated exclusively to trade mark practice, recognising firms trusted for strategic thinking, technical excellence, and commercially grounded advice.

This recognition reflects what we focus on every day, protecting brands through thoughtful strategy, strong prosecution and advice that supports our clients as their businesses grow, both locally and internationally.

The guide highlights our strengths across:

• trade mark prosecution and portfolio strategy;
• oppositions and non-use cancellations;
• international filing, enforcement, and coordination with trusted overseas counsel; and
• deep industry experience, particularly across food and beverage, wine, fashion, and consumer goods.

We are especially proud to see our partners Louise Emmett and Megan Ryder recognised for their leadership, insight, and ongoing contribution to our national and international trade marks practice. Congratulations also to our former colleague and friend Craig Vinall for his elevation to Luminary status.

Thank you to our clients for trusting us, and to our peers and global colleagues for the collaboration that allows us to deliver seamless brand protection across borders.

As we continue to grow, including expanding our presence in Australia and strengthening our international reach, we remain focused on what matters most: protecting brands, supporting businesses, and helping ideas travel safely into the world.

We’re proud of where we are, and even more excited about where we’re heading!

21/12/2025

Earlier this month, we participated in the recent Australian eChallenge Awards night, represented by Bill McFarlane, where 90 teams of ambitious students each developed and presented a business plan for their chosen innovation.

With mentorship and seminars delivered by subject-matter experts—and judging by respected Adelaide business leaders—the eChallenge continues to foster innovation, collaboration and real-world learning.

Marking the 25th anniversary of the Australian eChallenge, we were honoured with a special acknowledgement for being the only sponsor to support the competition every year since its inception.

We’re proud to champion emerging talent and contribute to an initiative that has helped shape the next generation of SA innovators and entrepreneurs.

Congratulations to all participating teams—your passion and creativity inspire us, year after year.

The University of Adelaide ThincLab

18/12/2025

As the festive season approaches, the Madderns team will be taking a well-earned break.

Our final day in the office for 2025 will be Wednesday, 24 December, and we’ll be back on deck from Friday, 2 January 2026. A small team will remain available to assist with urgent matters during this period, excluding Christmas Day, Boxing Day and New Year’s Day.

Thank you for your support throughout the year — we’ve appreciated working with you and look forward to what 2026 will bring.

From all of us at Madderns, we wish you a relaxing festive season and a wonderful start to the new year.

18/12/2025

In the food and beverage industry, brand value isn’t just about taste — it’s also about how a product looks, feels and stands out on the shelf.

From product shape and distinctive colours to packaging elements consumers instantly recognise, non-traditional trade marks can act as powerful badges of origin. Yet these assets are often overlooked when businesses consider trade mark protection.

In our latest blog, Claire and Megan explore how shape marks, colour marks and aspects of packaging can be protected under Australian trade mark law, the challenges of registration and enforcement, and recent case law (including the Moccona coffee jar decision) that highlights what businesses should be thinking about early in the process.

Read more: https://bit.ly/3YAw5C8.