Before you decide to defend an opposition to your trade mark application, you should consider the requirements involved in such proceedings. By thinking ahead, you can make a better-informed decision as to whether you wish to proceed with your defence. To help you reach your decision, this article outlines the basics of trade mark opposition […]
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 […]
The cost of registering a trade mark is determined by the type of business you have and the specific items or services you want to protect with your trade mark. It is commonly suggested that you hire a trade mark attorney rather than relying on doing it for free yourself. An attorney can save you […]
It is possible to have similar or identical trade marks in the Australian trade marks database in some cases. Trade marks, for example, are registered in relation to certain items or services that fit into several categories. As a result, two identical marks with the same name that are registered by separate owners and cover […]
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 […]
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 […]
You might be surprised one day to receive in your e-services inbox a notice of opposition to your trade mark application. Whilst opposition proceedings are fairly common, they can quickly become complex given the different deadlines and evidentiary requirements at each stage of the process if you choose to defend the opposition. This article outlines: […]
If you come across a trade mark that is no longer in use, it may be considered an abandoned trade mark. Abandoned trade marks are available for registration upon removal from the Trade Mark Registry. This article explains: what abandoned trade marks are; key considerations to make before registering an abandoned trade mark; and the […]
Having a registered trade mark gives you a number of rights, one of which is the right to oppose trade marks that infringe on yours. This means that monitoring for trade marks that are identical to or deceptively similar to yours is essential to utilising your trade mark rights. What is a Conflicting Trade Mark? […]
When you begin to apply for a trade mark, it may seem like you have to jump through many different hoops. From the different application requirements to the various restricted words and signs you should avoid, there are many factors you need to consider before registering a trade mark. This article provides an outline of […]
