You may be surprised to one day receive a notice that you have committed trade mark infringement. If this has happened, you should interrogate whether you have, in fact, committed trade mark infringement. This is because it is common to find trade mark owners issuing notices, as they believe that their trade mark has been […]
At its core, a registered trade mark must be capable of distinguishing one business from another. If you have two similar trade marks which overlap in function, this can cause great confusion amongst consumers. Consequently, IP Australia can reject your application if it is substantially identical or deceptively similar to an existing trade mark. This […]
How many companies could you name based simply on a single logo, colour, word, phrase, sound, fragrance, letter, number, or image? Several corporations spring to mind that may be identified only by their logo or colours. All of these factors contribute to branding and can be protected by trade mark registration. A trade mark is […]
A trade mark is a form of intellectual property protection that distinguishes your brand from competitors. Trade marks can take many forms. Certain trade marks, such as your business logo or other images, may include figurative elements. Therefore, this can make it difficult to conduct a trade mark search. Indeed, conducting a trade mark search […]
Trade marks are one type of intellectual property protection. A trade mark helps distinguish your brand from competitors by giving you the exclusive rights to use the mark in connection with your business. The trade mark classes system separates trade marks by their use. One of these classes is class 32, which covers beer and […]
Many trade mark owners are unaware of the reasons why IP Australia can reject their trade mark application. This often results in confusion and frustration when applicants find out that their application has not succeeded. To minimise the potential of IP Australia rejecting your application, this article will outline the common grounds for rejection. Doing […]
Franchising is an increasingly popular business model in Australia, with franchises employing over half a million people and annual revenue exceeding $100 billion across more than 1,300 franchises nationwide. With the intellectual property (IP) of a business forming its entire brand identity, trade marks are the foundation of franchises. Therefore, whether you are a franchisor […]
China is Australia’s largest trading partner, with two-way trade between China and Australia contributing to more than 24% of Australia’s total trade for the 2017-18 financial year. Therefore, when developing your business and determining its growth, you must account for potential expansion into China and the best way to protect your trade mark when doing […]
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 […]
You might be surprised one day to receive in your e-services inbox a notice of opposition to your trade mark application. Whilst opposition proceedings are fairly common, they can quickly become complex given the different deadlines and evidentiary requirements at each stage of the process if you choose to defend the opposition. This article outlines: […]
