TRADEMARK LAW

What made you gravitate towards a legal career?

I’ve always believed that if something isn’t intellectually challenging, it’s probably not worth doing. Working in law is like navigating an ever-changing landscape, where you will find endless opportunities to make a real impact on clients' businesses and futures. At a leading international law firm like Herbert Smith Freehills, our clients are leaders in their respective industries, and it’s truly rewarding to see my work making a real difference in the world.

“The legal profession has the most incredible, talented, and curious people you’ll ever meet. You’ll rarely have a dull conversation!”

How would you describe your journey through law school?

I’d give it a 4-star review on Google – fantastic, but wouldn’t recommend a repeat. It was definitely a journey with many highs and lows. I didn’t know where I wanted to end up career-wise, so my law-school philosophy was to give everything a go at least once. Juggling grades, extracurriculars, paralegal jobs, volunteering, socializing, and managing a life outside of law school stretched me very thin.

“Law school pushed me to new heights that I didn’t know I was capable of, and that’s a rare and beautiful (albeit painful) experience.”

As a student, were you certain that Trade Mark Law was the area you wanted to practise in? If so, how did those aspirations originate? If not, what led you to this area?

Certainly not, but by my final year I knew that I wanted to practice in commercial law. At Herbert Smith Freehills, graduates do three 6-month rotations, which is a fantastic way to explore different areas of law. I had a chat with a fellow graduate who rotated in the Trade Marks team, it sufficiently piqued my interest – and it all went from there.

However, brands have always interested me. Previously, I worked in sales for a global jewellery retailer and was fascinated by the immense power of branding, which could sell the same silver pieces marked up fifty times under one brand, whilst elsewhere it might end up in the discount pile.

How would you describe Trade Mark Law to somebody unfamiliar with the area? 

Trade mark law focuses on protecting the unique symbols, names, and logos that businesses use to distinguish their products and services. It ensures that when consumers see a specific logo or hear a brand name, they can trust its origin and quality.

For example, imagine you have a favourite brand of cookies. Trade mark lawyers for that brand protect its name and logo so that no other company can use something too similar to trick you into buying their cookies instead. In jurisdictions with strong trade mark enforcement, consumers can trust that the products and services bearing particular logos or brand names deliver the quality they promise.

In essence, our practice is about safeguarding brand reputations and ensuring that the market remains fair and clear.

What is unique about Trade Mark Law to other areas? 

Trade mark law is a specialised legal field with broad practical applications across all industries. Trademarks are ubiquitous – from the clothes you wear and the food you eat to the educational institutions you attend. Each of these represents a brand protected by trademarks. As a result, trade mark lawyers must constantly expand their knowledge across diverse sectors and possess sharp commercial insight. It's important to remember that the value of a trade mark is inherently tied to the goodwill companies build in the marketplace. Therefore, our advice is always grounded in commercial realities, and only provided after comprehensive marketplace investigations – there is no one-size fits all advice in trade marks.

Could you give us an overview of a day in your life as a Trade Mark lawyer?

A day in the life of a trade mark lawyer is both dynamic and varied; involving client interactions, legal drafting, and strategic decision-making. I spend a significant portion of the day communicating with clients and colleagues to progress matters like the registration of new marks, maintaining existing portfolios, and handling opposition work against third parties. Our clients come from a wide range of industries – one moment, I might be corresponding with the legal counsel of a major mining company, and the next, with the CEO of a local confectionery retailer. Generally speaking, clients are eager to work with us to protect their trade mark rights, and often see their brand as an integral part of their business identity. 

Another major aspect of my day involves drafting legal submissions, which focus on overcoming obstacles in the trade mark application process. Submissions require an unique blend of legal research, market analysis, and creativity.

Beyond these tasks, our practice is incredibly diverse – we appear at hearings, issue cease-and-desist letters, and provide advice on licensing and general IP matters. Variety truly is the essence of trade mark law.

Could you expand on the trends that you're seeing in the areas of practice that you're involved in at the moment? 

Trade mark practice is increasingly becoming cross-jurisdictional. 

In our ever more globalized world, especially in the internet age, commerce effortlessly crosses national borders. It's not just large multinational companies that hold extensive trade mark portfolios across multiple markets; smaller retailers are also eager to protect their brands in other jurisdictions. Online platforms have enabled them to expand internationally without needing physical assets abroad. A significant part of our work now involves collaborating with international colleagues to register and safeguard our clients' trade mark rights globally. Fortunately, the widespread adoption of the Madrid Protocol and the oversight of WIPO continues to ensure a high degree of uniformity in trade mark practices across developed economies. That being said, this is absolutely a space to watch!

What skills/work experience/opportunities would you consider helped you find a breakthrough in the field? Would you recommend the same to students looking to enter the area?

I had my first breakthrough in the legal field when I secured a paralegal position at a boutique litigation firm. The opportunity arose unexpectedly just two months into my degree, when I met a (very kind) junior lawyer who was volunteering as a judge during the semi-finals of the Monash JD Negotiation Competition. She later referred me for a paralegal role, which allowed me to start my first legal job in my first trimester. This early exposure to the day-to-day workings of the legal world and the chance to build a professional network gave me a significant advantage when clerkships began. 

Practical work experience, whether as a paralegal, shadowing barristers, or volunteering at community legal centres, offers invaluable insights into how the law operates in practice. I’d recommend students get out of the classroom (within reason!) and focus on developing hands-on skills such as legal problem-solving, interpersonal skills, and time management – skills that are the bedrock of a successful junior lawyer, and often under-appreciated. 

Going back to your experience as a law student, what was your experience in applying for clerkships and graduate positions? Is there any advice you would be able to give to students who are currently applying for such roles?

Clerkships and graduate positions are highly competitive, so standing out requires more than just strong academic performance. My advice to current applicants is to thoroughly understand the firms you’re applying to, so that you can personalise every element of your application and confidently highlight how your unique experiences and passions make you the ideal candidate. Keep in mind that the recruitment process is a two-way street – firms are genuinely interested in getting to know you, hearing what you have to offer, and finding the best fit for their team.

Researching a law firm involves more than just browsing their website. It requires a deep dive into their culture, key practice areas, and recent notable achievements. One of the most effective ways to gain this insight is by reaching out to anyone you know at the firm who can share their experiences. If you don’t have any direct connections, leverage LinkedIn to find someone, and send them a personalised message!

In both your cover letter and interviews, go beyond listing your qualifications. Focus on how your experiences and interests align with the firm's needs, and demonstrate why you’re not only a capable lawyer but the right junior for them.

Finally, reflecting on your journey so far, what piece of advice would you give to your younger self when you were just starting your career in Trade Mark law or law generally?

I’d tell my younger self that everything turned out just fine – and maybe remind them to live a little more in the moment!