Trade mark oppositions

Introduction Oppositions are proceedings regarding the validity of a trade mark that take place in the intellectual property office of the relevant country.  In Australia, oppositions are conducted at IP Australia.  Opposition proceedings are much less formal than...

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...

Trade mark an invention or product

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...

Trademark attorneys and trademark lawyers in Australia

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...

Benefits of a trademark in the United States

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...

Protect your trade mark in the United States

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...

Protect your trademark as a logo

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,...

New Code for trade mark attorneys

The Professional Standards Board for Patent and Trade Marks Attorneys (the PSB), which is the government body charged with regulating our profession, has recently undertaken a major review of its Code of Conduct for attorneys.  The new Code, which is to come into...

Business name is no defence to trade mark infingement

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...

Benefits of filing your US and Australian trademarks together

Clients often instruct us to file their trademark in the United States, and because the fees are relatively low and a US trademark provides coverage over a huge market, the benefit of doing so is clear. The process we usually advise is to file for the Australian...