When you are in the middle of trade mark registration, and you think everything is going smoothly, you might be surprised to receive an opposition to your trade mark application. But before you start defending your application, you should get the advice of a trade mark lawyer. An expert trade mark lawyer can advise you on […]
An essential feature of a registered trade mark is its distinctiveness. Distinctiveness means that the trade mark is recognisable and unique enough to identify your brand and the source of your products. For example, the IKEA branding is highly distinctive as you immediately associate the logo with IKEA goods and services. This is important because […]
If you have ever submitted a trade mark application, or have a registered trade mark for your business’ logo already, chances are you are already familiar with the trade mark process. However, as your business grows and evolves, you might be looking to rebrand. This may include amending your logo. In short, it is possible […]
Trade marks are registered in connection with a specific class of goods or services. Therefore, the trade mark you register can only protect the good or service you have specified in your application. For this reason, it is important that you accurately specify which classes you wish your trade mark to protect. Doing this will […]
When you begin drafting your trade mark application, you will probably see unfamiliar terms like ‘priority date’. It is essential to understand what a priority date is, whether you register your trade mark nationally or internationally. A trade mark priority date is the date that you filed your trade mark application with IP Australia. This […]
Companies in the furniture or design industries frequently register their goods as industrial designs to protect themselves against copycats. However, industrial designs are only protected for a limited time, never exceeding 25 years. On the other hand, trade mark protection is typically limitless in time, subject to you extending the registration periods. Therefore, some manufacturers […]
Trade marks are an excellent tool for protecting your brand and helping it stand out against your competitors. Registering your intellectual property (IP) provides an extra level of legal protection and an avenue to market your business without others infringing on your brand. To help you better understand the trade mark registration process, this article […]
If you are a new business looking to protect your brand, or an established business looking to further your brand’s security, you may be considering a trade mark for your business’ name. However, it is important to know that your registered business name is not the same thing as a registered trade mark. This means […]
You may be surprised to one day receive a notice that you have committed trade mark infringement. If this has happened, you should interrogate whether you have, in fact, committed trade mark infringement. This is because it is common to find trade mark owners issuing notices, as they believe that their trade mark has been […]
At its core, a registered trade mark must be capable of distinguishing one business from another. If you have two similar trade marks which overlap in function, this can cause great confusion amongst consumers. Consequently, IP Australia can reject your application if it is substantially identical or deceptively similar to an existing trade mark. This […]
