IP Australia, the agency in charge of trade mark registration, divides trade marks into 45 separate classes of goods or services. These classes are helpful because they allow businesses to operate under the same name in different industries. After all, a construction company named ‘Big Red Bricks’ will never be mistaken for a clothing company […]
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 […]
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 […]
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 […]
The trade mark registration process can at times be long and complex. So, naturally, a substantial amount of paperwork results from this process. For example, these documents may include your application itself, documents arising from the examination process and reminder notices of impending deadlines. Therefore, if you have a trade mark and are concerned about […]
When registering a trade mark, Australia’s intellectual property (IP) office, IP Australia, are required to assess your trade mark. For example, this includes ensuring that your trade mark meets the legislative requirements to be registered as a trade mark. In particular, there are stringent rules for trade marks used in the financial services industry. This […]
Section 44 of the Trade Marks Act refers to trade marks that conflict with trade marks that are already registered or pending registration. Therefore, if your trade mark does not meet section 44 upon examination, you will need to address this by supplying relevant evidence to overcome this objection. When providing section 44 evidence, there […]
