Can I patent or trademark my business method?

Can I patent or trademark my business method?

Under Australian patent law, there is no statutory position on whether a business method ispatentable subject matter, and so it is legal precedent that provides guidance. The watershed NRDC (1) case opened the door to what can be considered patentable subject matter...
When Do I Need to Trademark?

When Do I Need to Trademark?

As a new business manager, you might ask yourself whether it is necessary to register your trademark immediately or if it is something that can wait until you are more established in the marketplace. You might wonder why, if you have already taken the steps to...
What Happens If I Don’t Get a Trademark?

What Happens If I Don’t Get a Trademark?

Do I Need a Registered Trademark? Having an officially registered trademark for your business is not actually a legal requirement.  As long as you are otherwise obeying the legal obligations of running your business, such as having the correct licences, paying taxes...
Can I Trademark My Instagram or Facebook Account?

Can I Trademark My Instagram or Facebook Account?

Is it possible to trademark an Instagram or Facebook account? The short answer is, yes, you can. Like any other name or logo, Instagram and Facebook accounts accrue good will and reputation that businesses wish to protect. And they can be legally protected by a...
Why Was My Trademark Rejected?

Why Was My Trademark Rejected?

What Causes A Trademark To Be Rejected? A registered trademark will give you a legal monopoly over the word or logo that you have registered.  This is a powerful right, and the government will not grant it without first examining it on several grounds.   Let’s first...

Five Reasons Why You Need A Trademark Attorney

Some people ask before applying for a trademark whether they need a trademark attorney to assist in protecting their brand. For the relatively small costs involved, we certainly recommend you use a legal expert to handle your trademark registration. And here’s our 5...
Difference Between Trademarks, Copyright and Patents

Difference Between Trademarks, Copyright and Patents

There is often confusion about the differences between trademarks, patents and copyright.  This is no surprise as the law in this area is quite complex and very conceptual.  This post provides a brief overview of the differences. But firstly, let’s start with the...
5 Steps to Get a Trademark in Australia

5 Steps to Get a Trademark in Australia

A registered trademark in Australia will provide you with protection for your brand, name or logo. To help you on your way to protecting your business, this article describes how to get a trademark in Australia. A properly registered trade mark will help distinguish...
Protect Your Logo as a Trademark

Protect Your Logo as a Trademark

Many trademarks have a descriptive element to them, most commonly being the words of the trademark itself. However, during the examination by the government your trademark will be examined as to whether it is too descriptive in relation to your goods or services, and...

Differences between IRDA and national trade marks

Are there any substantive differences in trade marks practice and law between trade marks protected in Australia as international marks and national marks?   INTRODUCTION International trade marks and brands that exist and trade in nations across the globe are...