As you may know, different forms of intellectual property rights protect different types of material. As a general rule of thumb, a registered trade mark protects the distinguishing features of a business, whereas copyright protects original works. This article outlines the key purposes of trade marks and copyright, which can protect your picture depending on […]
Once IP Australia has approved a registered trade mark, a unique trade mark number identifies your trade mark. Therefore, you will need to identify your trade mark number in the relevant documents in the instance where you want to license, assign or renew your trade mark. This article outlines two ways to retrieve your trade […]
A great way to identify if a business name, logo or phrase is a trade mark is whether it bears the reserved symbol ‘®’ or not. However, there is no legal requirement that all registered trade marks must carry the reserved symbol, and even when the symbol is in use, there are some common mistakes […]
If you are thinking about applying for a registered trade mark, you should consider what class of goods and services your trade mark will protect. When applying for a trade mark with IP Australia, you must register a trade mark in connection with a particular class of goods or services offered by your business. You […]
Once IP Australia has advertised a trade mark application as accepted, there is a two-month window in which any third party can oppose the application. While the opposition process is relatively straightforward, it can quickly become a long and complex process if deadlines and evidentiary requirements are not met. This article outlines four tips you […]
Once you have registered your trade mark, it might be tempting to relax, knowing your brand is protected. However, it is your responsibility as a trade mark owner to enforce your exclusive rights to your trade mark where somebody infringes it. For this reason, it is important to take proactive measures to protect your trade […]
Trade mark disputes are becoming increasingly commonplace as a result of the competitive nature of the consumer market. However, trade mark disputes often lead to unwanted legal proceedings that are both costly and time-consuming. This article outlines the different instances in which a trade mark dispute can arise, and how to avoid disputes. Trade Mark […]
Even though the terms ‘trade mark’ and ‘trade dress’ may seem interchangeable, there are some key differences between the two. You should know the difference between the two terms to ensure that your business’ brand is adequately protected. This article outlines the key differences between a trade mark and a trade dress. Trade Mark or […]
Many trade mark owners are unaware that they can oppose trade mark applications listed on the Trade Mark Search. You have a two-month window from the date a trade mark is advertised to file a notice of intention to oppose the trade mark application. This article outlines the reasons you can rely on when opposing […]
One of the biggest mistakes a business owner can make when launching their new business is failing to protect their brand. A distinctive brand image is an essential part of a business since it allows consumers to differentiate your business from competitors. This article focuses on: how trade marks can protect your business’ brand; and […]