As a business owner, it is common to wish to preserve your unique brand for a product or service that might benefit or otherwise enhance society. Indeed, you may want to exclusively obtain the right to trade mark a colour and ensure that competitors cannot claim your brand as their own to benefit from your […]
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 […]
A trade mark is a method of distinguishing your distinct product or service. It is a type of protection that differentiates your goods and services from other businesses. You can trade mark a number of your business components, like your logo, brand name, packaging feature, or a combination of these elements. To help you understand […]
A common law trade mark is one that is not formally registered with IP Australia. However, such trade marks are in use within the marketplace to identify goods or services. They include names, phrases and logos that have a reputation in a certain region or area. Importantly, they do not have formal protection under IP […]
Before you register a motor vehicle trade mark, it is important to keep in mind some common mistakes trade mark applicants make. Doing so will ensure that the trade mark registration process runs as smoothly as possible, allowing you to achieve your desired outcome. To help, this article outlines three mistakes to avoid when registering […]
There are many reasons why trade mark applicants withdraw their applications for trade marks prior to registration. There may have been a change in the direction of their business venture, or they may have made a mistake in their trade mark application, rendering it obsolete. Whatever the reason might be, the process of withdrawing your […]
As a trade mark owner, defending an opposition to your trade mark application is a big deal. After all, if the opposition is successful, IP Australia can limit your use of your trade mark or even remove it from the Register altogether. However, there are some common mistakes you can avoid when replying to trade […]
After all the time and effort you have put into producing music, it would be worthwhile considering how you can prevent others in the music industry from misusing your band’s intellectual property. Helpfully, trade mark law can provide your band with the protection it seeks. This article outlines how your band can benefit from protecting […]
Bansky and Andy Warhol are among the many famous artists who have used recognisable trade marks in their works. These works often satirise the brands associated with the trade mark, providing insightful critiques of the consumer market. However, if you use a registered trade mark without the authorisation of its owner in your art, you […]
When it comes to using a registered trade mark without its owner’s authorisation, you run the risk of committing trade mark infringement. Trade mark infringement can arise if you use a mark that is similar or identical to an already registered trade mark concerning similar goods and services. There are, however, some instances where your […]