Composite trade marks are made up of any combination of words, devices, forms, sounds, smells or colours. They must meet the criterion of being able to identify specified products or services in the marketplace when viewed as a whole. Combinations, on the other hand, are more likely to have a larger capacity for differentiation. It […]
If you have missed a trade mark deadline, you may be wondering what to do next. In some cases, however, you can receive an extension and avoid losing your trade mark. If you have missed trade mark deadlines, this article will explore some of the key legal questions to ask before moving forward with a […]
Trade mark infringement occurs when a person, without the permission of the trade mark owner, uses a trade mark that is identical or similar to the owner’s trade mark concerning the same goods or services that the owner’s trade mark protects. However, there are some instances, otherwise referred to as defences, where trade mark infringement […]
At its very core, trade marks are a form of intellectual property that must be capable of distinguishing a good or service from other goods or services in the market. If registered trade marks are no longer capable of doing so, the law cannot protect them. This article outlines how trade marks can lose their […]
It is likely that you will conduct trade mark searches before, during and after applying for a registered trade mark. The Australian Trade Mark Search is a publicly available registry that allows you to search trade marks registered in Australia and their corresponding owner. This article outlines the benefits of conducting a trade mark search […]
Registering a trade mark gives you the exclusive right to use, license, and sell the trade mark. However, it is your responsibility as a trade mark owner to conduct trade mark enforcement. If you fail to enforce your intellectual property rights concerning your trade mark, you run the risk of enabling the infringer to damage […]
It might be surprising to know how common trade mark infringement is. Unfortunately, it is becoming increasingly common. This is due to the competitive market as businesses register more trade marks to protect their brand. To limit the possibility of finding yourself in an unwanted trade mark dispute, this article outlines what trade mark infringement […]
If you are selling a company or separating a product line, you might need to transfer or sell a trade mark. You have the option of setting the trade mark’s selling price and negotiating the parameters of the transaction with your buyer. Once you have agreed on the terms of the contract, you will need […]
A certification trade mark is an intellectual property right. It certifies that the holder of the relevant trade mark has satisfied a set of official requirements, such as Australian Grown. For example, common standards connected with a certification mark include: quality; content; manufacturing technique; and manufacturing origin. A certification trade mark is a protected intellectual […]
