If you own a pyrotechnic company, you will likely need to decide whether to file a trade mark for your branding. If you do, you will need to file an application under class 13. Class 13 is the trade mark class covering pyrotechnics, something which is important to know if you are considering registering a […]
Trade marks are quickly becoming a valuable asset of many businesses operating in Australia. In 2018-19 alone, intellectual property (IP) assets made up $1.377 billion in Australia’s exports alone. The increasing value of trade marks has allowed many businesses to use their IP as security when applying for mortgages. This article outlines: which trade marks […]
It is possible to have similar or identical trade marks in the Australian trade marks database in some cases. Trade marks, for example, are registered in relation to certain items or services that fit into several categories. As a result, two identical marks with the same name that are registered by separate owners and cover […]
The law of passing off prohibits one merchant from portraying their goods or services as those of another and falsely claiming that their goods or services have any link or connection with another. Passing off is a civil offence, and can be used to protect your unregistered trade mark. While passing off exists, it is […]
It is an excellent idea to do a thorough search before applying for a trade mark, to ensure that no similar trade marks are either pending or registered. It is a smart option to broaden the search as much as possible. However, searching is not quite as straightforward as it seems. It takes talent and […]
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 […]
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 […]
