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 […]
It is likely that you will conduct trade mark searches before, during and after applying for a registered trade mark. The Australian Trade Mark Search is a publicly available registry that allows you to search trade marks registered in Australia and their corresponding owner. This article outlines the benefits of conducting a trade mark search […]
Registering a trade mark gives you the exclusive right to use, license, and sell the trade mark. However, it is your responsibility as a trade mark owner to conduct trade mark enforcement. If you fail to enforce your intellectual property rights concerning your trade mark, you run the risk of enabling the infringer to damage […]
It might be surprising to know how common trade mark infringement is. Unfortunately, it is becoming increasingly common. This is due to the competitive market as businesses register more trade marks to protect their brand. To limit the possibility of finding yourself in an unwanted trade mark dispute, this article outlines what trade mark infringement […]
Although anyone can apply for a trade mark, it is a difficult area of the law to navigate on your own. Having expert advice from a lawyer when applying and managing your trade mark can make a noticeable difference and help ease what can be a lengthy process. This article outlines some trade mark basics […]
You may be surprised to receive a cease and desist asking you to stop undertaking some form of activity. However, cease and desist letters are common and are sent for a variety of reasons, ranging from a breach of contract to trade mark infringement. This article outlines what a cease and desist is and provides […]
When you are setting up a business and establishing your brand, you may be struggling to decide what you can register as a trade mark. Unfortunately, there is often a lot of confusing information about what you can and cannot register for a trade mark. If you are registering a trade mark for your business’ […]
Having your own business with a unique product is a big achievement. The increase in popularity of natural and herbal products in recent years also does not seem to be going away, meaning there is fierce competition. To help your brand and product stand out, trade marks are an essential part of your business. To assist […]
