When you are thinking about how to protect your intellectual property, you should consider that trade marks can exist even if you have not applied to IP Australia for a trade mark or if it yet to be approved as a trade mark. This is called an unregistered trade mark. Many businesses use unregistered trade marks to […]
A trade mark examiner from IP Australia may request that you file evidence of use under the Trade Marks Act 1995. The evidence can be related to ‘future intended use’ or ‘current use’ (depending on whether you have begun using the trade mark in commerce yet). The term ‘evidence of usage’ generally refers to information about […]
If you come across a business that has copied or used a similar mark to your registered trade mark, your gut instinct might be to pursue legal action for trade mark infringement. However, infringement does not necessarily arise in every instance where someone uses an identical or similar trade mark. In this article, we explain […]
In 2020, multinational technology company, Apple, entered into a trade mark dispute with food blog, Super Healthy Kids. The dispute was over Super Healthy Kid’s use of a pear in their logo. Apple’s opposition was on the basis that the pear would be too similar to their iconic apple logo. Likewise, Apple believed the logo […]
We all understand the value of a company’s brand. Good businesses invest a lot of time (and money) into developing a memorable business name and brand image. Likewise, if you make the right moves, your brand may be able to stand out from the crowd. Indeed, protecting your business name from competitors using it is […]
Having gone to the effort of registering a trade mark, the last thing you want to face is an opposition for non-use. If someone successfully opposes your trade mark application for non-use, you run the risk of IP Australia entirely removing your trade mark from the Registry. To avoid this, this article explains the grounds […]
As you would know, your production company’s name means everything in the media industry. Your company name not only reflects the quality of media your company produces, but it also reflects your company’s culture and the types of creatives who work within your team. For this reason, it is important that you protect your production […]
Suppose you have registered a trade mark. In that case, you have enforcement rights to stop others from using any sign that is deceptively similar or substantially identical to what you have registered. This is as long as the infringer is using it concerning similar goods or services. Therefore, you should monitor attempts to use […]
Your business’ brand is its most important asset. A business’ brand comprises its intellectual property (IP) and is a significant part of your business strategy. Your brand is what people remember about your business, helping you establish a reputation and stand out among competitors. No matter what industry your business is in, competition is fierce, making […]
Trade mark registration is a great way to protect your brand. A trade mark is a form of legal protection. It is also an excellent marketing tool. Having a trade mark can protect your brand and increase the value of your business. To help you better understand the process, this article will take you through […]
