When you begin to apply for a trade mark, it may seem like you have to jump through many different hoops. From the different application requirements to the various restricted words and signs you should avoid, there are many factors you need to consider before registering a trade mark. This article provides an outline of […]
One of the most common questions we receive from business owners is ‘when is the best time to trade mark my brand?’. While the answer varies depending on each individual business, you should generally register a trade mark for your brand earlier in your business’ operation rather than later. This article explains: what trade marks […]
Trade mark opposition is where any third party formally objects to the registration of a trade mark application. While the opposition process is fairly structured, it can quickly become a demanding process with different deadlines and evidentiary requirements at every stage. This article outlines four mistakes you should avoid when opposing a trade mark application […]
When you are beginning to consider protecting your business brand with trade marks, it might be tempting to overlook the difference between registered and unregistered trade marks. Put simply, the key difference between the two is that registered trade marks are filed with IP Australia, whereas unregistered trade marks are not. However, this difference has […]
Put simply, trade mark opposition is where someone formally objects to the registration of a trade mark. You can initiate a trade mark opposition for a number of reasons, the most common being that you oppose the accepted trade mark on the basis that it is too similar to your existing trade mark. This article […]
Selecting a trade mark class that best suits the goods and services you wish to protect can be a tricky task. This is especially true considering how extensive the Trade Mark Classification Search is. However, if you bear in mind the following five points outlined in this article, the process of selecting the right trade […]
Choosing the right class in your trade mark application can be a tricky process. This is especially the case if you are unfamiliar with the different classes available for protection. If you select the wrong trade mark class, the goods and services associated with a trade mark may go unprotected. To avoid this occurring, this […]
Like any form of property, you can buy and sell trade marks. However, since trade marks are intangible, the process of transferring the trade mark from its owner to the buyer (an assignment) differs slightly from a typical buying and selling transaction. This article outlines the process for buying a trade mark in Australia and […]
There are instances where someone might register a trade mark but then choose not to use the trade mark. This could result from the owner no longer operating their business which the trade mark protected, or if the owner only registered the trade mark with the sole intention of excluding others from using it. These […]
If you have settled on a business slogan and are attempting to trade mark it, you should consider whether it is registrable, especially if it is a derivative slogan. Using a derivative slogan can lead to unwanted legal consequences. Without taking precautions, you may be infringing on the original slogan if you decide to use […]