Trademark Articles

What is a Trademark and How Do You Register One?

On May 30, 2017, Posted by , In Trademarks, With No Comments

What is a Trademark? A trademark is any word, phrase, symbol, or design that ascertains and differentiates the source of goods or services of one trader from those of their competition. Registered trademarks come with the exclusive right to the use of that mark, as well as the right to…

Why you must do these searches before your register your Australian trademark

On April 12, 2017, Posted by , In Trademark Registration,Trademarks, With No Comments

Why searching for your trademark can be key to your business success You’ve spent hours dreaming about and planning your business. From a new product or service to a rebranded logo. The time, money and effort invested into this have been considerable. But before you go ahead and launch, there’s…

Why Australian businesses need to protect their trademark in New Zealand

On March 14, 2017, Posted by , In Trademarks, With No Comments

Trademark protection for Australian businesses in New Zealand Australia and New Zealand have had close ties and economic relationships for years. For many Australian companies wanting to expand, the close geographic proximity and similar cultures make New Zealand an attractive proposition. For the most part, trademark registration is specific to…

Can you use someone’s trademark in a Google AdWords campaign?

On February 28, 2017, Posted by , In Trademarks, With No Comments

Can you use someone’s trademark in a Google AdWords campaign? Many businesses now use Google to market and promote their goods and services. From giving attention to organic search results via Search Engine Optimisation (SEO) to paying for AdWords campaigns. Have you ever typed your trademark name into Google and…

How to overcome a lack of distinctiveness trademark objection

On February 16, 2017, Posted by , In Trademarks, With No Comments

How to overcome a lack of distinctiveness trademark objection Have you have received a lack of distinctiveness trademark objection from IP Australia? This will occur if your trademark is not capable of distinguishing the nominated goods or services from another trader’s similar goods or services. After receiving this sort of…

Using a Trademark: Use it or Lose it

On January 18, 2017, Posted by , In Trademark Registration, With No Comments

How to protect trademark rights in China

On December 9, 2016, Posted by , In Trademarks, With No Comments

As Australia’s largest trading partner and with a population of 1.4 billion people, China offers immense opportunities for Australian businesses. While China offers many benefits for business and manufacturing, there is also the unfortunate reality that infringement of trademark and intellectual property can happen. Before you expand your business into…

How to respond to an adverse trademark application

On November 25, 2016, Posted by , In Trademarks, With No Comments

As a business owner you know how important it is to protect your brand. But what happens after you have submitted a trademark registration application to IP Australia and you receive a letter stating there are problems with your application? If your trademark application has been deemed unfit for registration,…

Suspect you have an IP breach? Essential strategies to enforce your IP rights in Australia

Can you register a trademark for a #hashtag?

On October 24, 2016, Posted by , In Trademark Application, With No Comments

Hashtags are used on social media platforms including Instagram, Facebook and Twitter as a method to categorise messages. They include brands, taglines, slogans, television shows and social cause movements. A hashtag search gives users the ability to search and view content in real time. The increased use of hashtags in…

7 international trademark registration facts all business owners need to know about

On October 17, 2016, Posted by , In Trademark Registration, With 1 Comment

If you have your trademark registered in Australia, it may be vulnerable if it is not registered internationally. Prior to the Internet, it was not such a crucial business mistake if you did not register your trademark internationally. Today’s online market place means businesses often have a global presence. Someone using…

5 things to remember when registering a trademark

On September 22, 2016, Posted by , In Trademarks, With No Comments

Registering a trademark can be crucial to your business success. And while the application process to register a trademark appears straightforward, it’s helpful to keep the following points in mind. 1 Ensure that your trademark is a trademark By definition a trademark is a sign that one trader uses to…

IP Australia announces new fees for trademark registration

On September 12, 2016, Posted by , In Trademark Registration,Trademarks, With No Comments

IP Australia announces new fees for trademark registration The Australian Intellectual Property Office has announced a new fee structure for Intellectual Property services in Australia. This change of fee structure will align Australia with other international IP Offices.   The Australian Trademarks Office new fee structure for trademark registration and…

The use of “Kylie” as a trademark: Kylie Minogue V Kylie Jenner

On August 26, 2016, Posted by , In Trademark Infringement,Trademarks, With No Comments

The use of “Kylie” as a trademark: Kylie Minogue V Kylie Jenner When news broke that Kylie Minogue began opposition proceedings against Kylie Jenner’s application to trademark the name “Kylie”, it highlighted the importance of being vigilant about trademark protection. During April and November 2015 Kylie Jenner through her company Kylie…

Could your trademark application be vulnerable?

On August 15, 2016, Posted by , In Trademark Application,Trademarks, With No Comments

Could your trademark application be vulnerable? How a successful opposition can be made on bad faith grounds Thinking about registering a trademark in Australia? A search of trademark databases will give you an indication of what trademarks are already pending or registered and whether they are similar to your trademark….

Colour trademarks: 4 essential things you need to be aware of

On August 5, 2016, Posted by , In Trademark Colour, With No Comments

Colour trademarks in Australia 4 essential things you need to be aware of Wondering if you should trademark a colour in your business? Over the last few years, there have been a few high profile colour trademark cases. From the BP colour trademark and the 7-11 colour trademark to the…

Read this before you use your own name as a brand or trademark

On July 29, 2016, Posted by , In Trademark Registration,Trademarks, With No Comments

The hidden costs of not knowing about trademark, brand and intellectual property registrations

The hidden costs of not knowing about trademark, brand and intellectual property registrations What all small business owners and start-ups in Australia must know. When you started your business, you invested time, effort and money on: website design, branding, finance, and marketing. Anything in the ‘legal area’ like trademark, brand…

Impact of Brexit on your Intellectual Property Rights

Impact of Brexit on your Intellectual Property Rights. Whilst the final details of the impact of the United Kingdom (UK) vote to leave the European Union (EU) on intellectual property holders won’t be known for some time, it won’t be a simple process. There will be a two-year transition period…

Could you be infringing another business’s trademark?

On June 23, 2016, Posted by , In Trademark Infringement,Trademark Registration, With Comments Off on Could you be infringing another business’s trademark?

Could you be infringing another business’s trademark? 7 things all start up and small business owners need to know about infringing another business’s trademark There’s a lot to think about when you’re a start up or small business owner. But thinking about infringing another business’s trademark probably won’t be on…

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