Choosing the right class in your trade mark application can be a tricky process. This is especially the case if you are unfamiliar with the different classes available for protection. If you select the wrong trade mark class, the goods and services associated with a trade mark may go unprotected. To avoid this occurring, this […]
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 […]
There are instances where someone might register a trade mark but then choose not to use the trade mark. This could result from the owner no longer operating their business which the trade mark protected, or if the owner only registered the trade mark with the sole intention of excluding others from using it. These […]
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 […]
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 […]
To compete in today’s market, you must take the necessary steps to protect your business’ intellectual property – this includes protecting the name of your products. Unfortunately, as you grow your business, competitors will become more likely to steal or copy your product name. This can put your reputation and, therefore, the value of your […]