If you come across a trade mark that is no longer in use, it may be considered an abandoned trade mark. Abandoned trade marks are available for registration upon removal from the Trade Mark Registry. This article explains: what abandoned trade marks are; key considerations to make before registering an abandoned trade mark; and the […]
As a software developer, you have likely spent many hours perfecting your software before it is ready for use. Given all the effort that goes into developing software, you must take the necessary measures to protect it properly. This includes registering a trade mark for your software name. To help you better understand the importance […]
When applying for a trade mark, applicants must classify their products and services into one or more classes. There are 45 different classes organised according to a system called the Nice classification. Each class contains a category of goods or services. This can be a challenging job, particularly for the inexperienced. Luckily, IP Australia, the […]
Suppose you have a business in Australia, and you are considering expanding overseas. You naturally will want to bring your registered trade mark into your overseas business. However, having a trade mark in Australia does not automatically grant protection in another country. You must take active steps to have it recognised overseas. The Madrid Protocol […]
Your intellectual property (IP) is the most important part of your business. IP is the foundation of your business’ brand, making it essential that you protect it adequately. Trade mark protection is a great way to protect your business’ IP. However, there are several key elements of trade marks that you must understand. This includes […]
Trade mark owners have the exclusive right to use, licence, and sell their trade mark. Licensing is a great way to commercialise your intellectual property without selling it. However, you should clearly set out the terms on which another party can licence your trade mark. This article outlines the different types of licences available and […]
Having a registered trade mark gives you a number of rights, one of which is the right to oppose trade marks that infringe on yours. This means that monitoring for trade marks that are identical to or deceptively similar to yours is essential to utilising your trade mark rights. What is a Conflicting Trade Mark? […]
Applying for a trade mark can be a long and complex process. After you have made a trade mark application, IP Australia will examine it to ensure that it meets all of the trade mark requirements. If your trade mark does not meet the requirements, you will receive an adverse examination report that outlines all […]
Trade mark opposition is where any third party formally objects to the registration of a trade mark application. While the opposition process is fairly structured, it can quickly become a demanding process with different deadlines and evidentiary requirements at every stage. This article outlines four mistakes you should avoid when opposing a trade mark application […]