Did you know its possible to register a design? It’s different from a patent or a trade mark registration. A registered design protects the appearance of a product as resulting from one or more of its ‘visual features’.
Choosing a new trademark can be like naming your baby: everyone has an opinion, and there’s no single ‘right’ name. In this article, we depart from our usual focus on legal issues, and discuss some of the things that you might bear in mind from a marketing and legal perspective when making your choice.
We recently attended the International Trade Mark Association (INTA) Conference in Hong Kong. There were representatives from Microsoft, Gucci, YouTube and Oracle among others that spoke and gave some real life examples.
After trademarks have been accepted for registration by IP Australia, this fact is advertised in the Official Trade Marks Journal. This triggers a two month period known as the ‘Opposition Period’ in which others have a right to oppose to the registration of the trademark. In this article, we give answers to some frequently asked questions about trademark oppositions.
A copyright assignment involves the transfer of ownership from one owner to another. If an agreement provides that ‘the Developer assigns all of the copyright in the Software to the Client’ most non-lawyers would assume that those words mean exactly what they say: i.e. that the copyright in the Software has been transferred by the Developer to the Client. Unfortunately, the actual legal position may not be quite so straight forward.
It’s possible to apply to register two or more variations of your trademark in a single application in certain circumstances. This is known as making a ‘series application’. This article describes why you might want to do this, and what constitutes a valid series.
An essential ingredient of any mature intellectual property strategy is to ensure that you are able to enforce and defend your rights in court should the need ever arise. There is no point securing your intellectual property rights if you don’t have the means to take an infringer to court, or defend allegations being made against you. IP insurance may be an option for you.
When you file an application to register a trademark, the date on which you do so can have a significant impact on your rights in relation to other trademark users. As a general rule, the earlier that you file your trademark application the better. This is especially true in fast growing industries where trademark applications are being filed frequently.
Owners of similar domain names in the ‘.au’ space sometimes have the option of using the Australian Dispute Resolution Policy (or the auDRP) to resolve their dispute. In order to be able to use the auDRP successfully, the owner of a prior domain name needs to prove that the domain name was registered or used in ‘bad faith’. The obvious question becomes: what is ‘bad faith’?
Domain name registrants who want to object to the registration of another domain name can choose whether to pursue a remedy through the Australian Dispute Resolution Policy (ADRP) or to sue in court. What factors will influence this choice?
The auDRP provides a speedy and cost-effective alternative to people who are in dispute about the ownership of ‘.au’ domain names. This article provides the answers to the most frequently asked questions about the procedure.
After you’ve registered your trademark, it’s important to monitor both the market and the official trademarks register as your competitors might still try to use, and even register, the same or similar marks.
When you’re building your house, your builder might need a key for a while, but they certainly don’t need it after the job is finished and you’ve moved in. In many ways, you should think of your website domain name password in the same way as the keys to your home.
Some signs are easier than others to register in relation to particular goods or services. The legal test in Australia is whether the trademarks are ‘adapted to distinguish’ particular goods or services. In the US, trademarks are put into categories that can be arranged along a scale often referred to as the ‘Spectrum of Distinctiveness’.
This is the second of a two part series about the ways in which different ownership structures can be used to protect IP Assets. In Part 1, we explained how separating ownership and operations is crucial to protecting assets in the case of a business failure. In this part, we look at some commonly used ownership structures.
This is the first of a four part series about the ways in which different ownership structures can be used to protect IP Assets. In Part 1, we explain how failure to plan for business difficulties can involve loss of control or ownership of key IP assets, and discuss some strategies to employ to prevent this.
Moral rights are a form of protection given to creators of certain works under the Copyright Act 1968. They were first introduced into Australia in December 2000. They’re regarded as being ‘moral’ rights because they’re designed to protect the relationship between the works and their creators rather than being focused on who has the right to exploit the commercial or economic interests.
Copyright is all pervasive. It protects a dizzying array of subject matter from written works such as instruction manuals and poems to pictorial works such as drawings and maps. It protects musical and audiovisual works including podcasts and YouTube videos and other subject matter such as television and radio broadcasts.This article provides an introduction to the law of copyright by explaining a number of fundamental concepts in simple terms.
In an earlier article, we looked at the official Goods and Services Pick-List and some of the advantages that if offers. The ‘Pick-List’ must be used as part of IP Australia’s ‘Trade Mark HeadStart’ application process. In this post, we look at a couple of potential drawbacks associated with using this list.
IP Australia has developed and maintains an extensive ‘pick list’ of goods and services which attempts to describe the entire range of goods and services offered in the Australian economy. In this article, we examine some of the advantages of using this ‘pick list’ to draft trademark applications.
When submitting a trademark application, every applicant is asked to nominate one or more ‘classes’ and then ‘list the goods and/or services for which you are seeking registration’. Trademark classes are not necessarily the easiest concept to grasp, and it’s worth looking at how a trademark application is examined in order to understand them.
In Part 1 and Part 2 of this series, we looked at the use of the ® symbol, and pointed out some of the main ways in which people use it incorrectly. In this final part, we look at one final way in which the Trade Marks Act can be breached unwittingly.
In Part 1 of this three part series, we examined instances of when you can and when you can’t use the ® symbol in relation to trademarks. In this post, we look at a specific instance which can prove to be a trap for the unwary.
The ® symbol is commonly associated with trademarks, and - while use of the symbol does have legal implications - a surprisingly large number of people don’t actually understand what it means. This is the first of two articles in which this symbol is discussed.
If you register a trademark, you have the exclusive right to use that mark in relation to the goods and services which are listed in the registration. In this article we consider the extent of that exclusivity in geographical terms.
Although there is no requirement to register your trademarks, there are a number of distinct advantages associated with registering your trademark rather than simply relying on common law or unregistered rights. In this article, we discuss these advantages.
There’s no legal requirement to register any trademark that you use. In other words, you won’t be breaching any laws by failing to register your trademark before you use this. However you should be aware that choosing not to register your trademark can have disadvantages.
Many people mistakenly believe that applying to register a trademark is an administrative process like registering a company or applying for a permit, and so choose to do it themselves instead of engaging a trademark professional. In this article we discuss why you shouldn’t underestimate the complexity of this task.
Registering a trademark involves a number of steps from choosing the mark, searching, filing your application and seeing it through to registration. This article sets out what’s involved in these steps and what we at Epiphany Law can do to help you.
Trademarks perform a specific branding function: they distinguish the goods or services of one trader from those provided by its competitors. In this article, we look at the role played by trademarks, and provide some real world examples of different types of trademarks which have been registered in Australia.