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 […]
As a business owner, it is common to wish to preserve your unique brand for a product or service that might bring profit 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 […]
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 […]
You might be thinking that trade mark registration is a daunting process. At first glance, it may seem this way. However, knowing what is required in each part of your application can make the whole process much less challenging. When describing your goods and services in your application, consider the following points: using clear and […]
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 […]
When you are beginning to consider protecting your business brand with trade marks, it might be tempting to overlook the difference between registered and unregistered trade marks. Put simply, the key difference between the two is that registered trade marks are filed with IP Australia, whereas unregistered trade marks are not. However, this difference has […]
Given the time and effort it takes to build a cosmetic brand, it would be a good idea to start protecting your intellectual property. Without legal protection, you risk exposing your brand to being copied by other competitors in the cosmetics industry. This article outlines: the key functions of trade marks and patents; and how […]
