Trade marks are quickly becoming a valuable asset of many businesses operating in Australia. In 2018-19 alone, intellectual property (IP) assets made up $1.377 billion in Australia’s exports alone. The increasing value of trade marks has allowed many businesses to use their IP as security when applying for mortgages. This article outlines: which trade marks […]
Often, trade mark owners can come across accepted trade mark applications that bear a close resemblance to their already registered trade marks. In this instance, owners have a two-month window from when IP Australia advertises a trade mark as accepted to oppose the trade mark application. This article outlines the basics of trade mark opposition […]
Registered trade marks are becoming useful and valuable assets for many businesses. A registered trade mark can not only protect your brand from being misused by competitors, but the exclusive rights associated with trade marks can also allow your business to commercialise its trade marks. This article outlines three ways in which you can use […]
The law of passing off prohibits one merchant from portraying their goods or services as those of another and falsely claiming that their goods or services have any link or connection with another. Passing off is a civil offence, and can be used to protect your unregistered trade mark. While passing off exists, it is […]
Some people believe that a trade mark is simply a sign associated with a brand. A trade mark is not just a logo, contrary to common opinion. It may be a message, word, sound, picture, packaging feature, or combination of those things. It is important to take early and proactive steps to protect your valuable […]
It is an excellent idea to do a thorough search before applying for a trade mark, to ensure that no similar trade marks are either pending or registered. It is a smart option to broaden the search as much as possible. However, searching is not quite as straightforward as it seems. It takes talent and […]
If you have missed a trade mark deadline, you may be wondering what to do next. In some cases, however, you can receive an extension and avoid losing your trade mark. If you have missed trade mark deadlines, this article will explore some of the key legal questions to ask before moving forward with a […]
Trade mark infringement occurs when a person, without the permission of the trade mark owner, uses a trade mark that is identical or similar to the owner’s trade mark concerning the same goods or services that the owner’s trade mark protects. However, there are some instances, otherwise referred to as defences, where trade mark infringement […]
At its very core, trade marks are a form of intellectual property that must be capable of distinguishing a good or service from other goods or services in the market. If registered trade marks are no longer capable of doing so, the law cannot protect them. This article outlines how trade marks can lose their […]
