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...

A trade mark can be a strong mechanism of protection for an invention or a product. This can be especially useful in cases where patent protection is not possible or otherwise difficult. A product can be branded with a name or logo. Even the shape of a product can be...

I often get asked about the difference in Australia between a trade mark attorney and a trade mark lawyer.  In Australia, a trade mark attorney is a separate profession to that of a lawyer or a ‘trade mark lawyer’. While both professions are legal entitled to work in...

Trade marks are registered on a country-by-country basis.  This means that you need to apply for trade mark protection in each country you seek to protect your trade mark.  This takes money and effort.  For this reason, it is usually better to focus on only those...

There is no single worldwide trade mark registration.  You will need to apply to each country in which you would like to have a registered trade mark.  Even for large companies, this task can prove too cumbersome and expensive.  Therefore, the pragmatic route is to...

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

A common misconception is that registering a company  or trademarking a business name name gives you a right to use it in any manner you desire.  This is not the case.  If your business or company name infringes on another party’s trade mark, then they can prevent you...