Once you have developed an app, it is worth considering how you might protect its identifiable features through trade marks. Trade marks are a sign used by individuals to distinguish their goods or services during the course of trade. Trade mark owners have the exclusive right to use, licence and sell their mark, meaning trade […]
Before applying for a registered trade mark, it is important to consider whether the trade mark you have in mind is actually registerable. Under the Trade Marks Act, trade marks have to satisfy certain criteria in order for IP Australia to approve them. To limit the chances of IP Australia rejecting your trade mark application, […]
Once you have registered your business’ name and begin operating, you should begin to consider other ways to protect your business’ intellectual property. As a business owner, you can prevent others from misusing your trade name by further protecting your business’ trade name. This article outlines the key differences between registering a business name and […]
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 […]
Although the process of applying for a registered trade mark is relatively straightforward, it is easy to make mistakes during the application process, which can lead to further costs. This article outlines five points you should consider when applying for a trade mark yourself. 1. Are Trade Marks Right for You? Before trade mark registration, […]
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 […]
