When registering a trade mark, Australia’s intellectual property (IP) office, IP Australia, are required to assess your trade mark. For example, this includes ensuring that your trade mark meets the legislative requirements to be registered as a trade mark. In particular, there are stringent rules for trade marks used in the financial services industry. This […]
Section 44 of the Trade Marks Act refers to trade marks that conflict with trade marks that are already registered or pending registration. Therefore, if your trade mark does not meet section 44 upon examination, you will need to address this by supplying relevant evidence to overcome this objection. When providing section 44 evidence, there […]
Have you found out that one of your competitors has the same business name as you? You may be wondering whether you can still trade mark your business name. Thankfully, there are some options. In most circumstances, when another business has a similar name to you but provides different goods and services or is in […]
Once you have registered your trade mark, it might be tempting to relax, knowing your brand is protected. However, it is your responsibility as a trade mark owner to enforce your exclusive rights to your trade mark where somebody infringes it. For this reason, it is important to take proactive measures to protect your trade […]
Trade mark disputes are becoming increasingly commonplace as a result of the competitive nature of the consumer market. However, trade mark disputes often lead to unwanted legal proceedings that are both costly and time-consuming. This article outlines the different instances in which a trade mark dispute can arise, and how to avoid disputes. Trade Mark […]
When you start a business, you have a lot of decisions to make. You might be thinking about what kind of product to sell, where to set up your business and how to hire employees. However, protecting your phrases, taglines and other elements you use to market your goods and services is often overlooked. You […]
Even though the terms ‘trade mark’ and ‘trade dress’ may seem interchangeable, there are some key differences between the two. You should know the difference between the two terms to ensure that your business’ brand is adequately protected. This article outlines the key differences between a trade mark and a trade dress. Trade Mark or […]
Before moving forward with registering a trade mark for your logo or catchy jingle, you will have to make sure no one else has already trade marked something similar. Infringement cases can be costly if you do not do your prior research. This article will explore: what a trade mark is; how infringement comes about; […]
Many trade mark owners are unaware that they can oppose trade mark applications listed on the Trade Mark Search. You have a two-month window from the date a trade mark is advertised to file a notice of intention to oppose the trade mark application. This article outlines the reasons you can rely on when opposing […]
As a tattoo artist, you must understand the limitations of what you can and cannot tattoo. Tattooing another artist’s work without their consent may have potential consequences, as it may breach their copyright or moral rights. This article will help you better understand what copyright is and what copyright protection means for you as a […]
