Trademarks can be removed from the register if they haven’t been used in the previous three years. An owner might allow another person to use the mark, but if this isn’t done properly, then the trademark can be removed for non-use by the owner even though the licensee has been using the mark.
Read MoreWhen a trademark owner allows another person (often called a ‘licensee’) to use the trademark, the rights of both the owner and the licensee can turn on whether or not the licensee is an ‘authorised user’ as defined in the Trade Marks Act 1995. In this article we examine the concept of ‘authorised use’ of trademarks: what it is, why it’s important, and how to prove it.
Read MoreDid 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’.
Read MoreChoosing 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.
Read MoreWe 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.
Read MoreAfter 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.
Read MoreA 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.
Read MoreIt’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.
Read MoreAn 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.
Read MoreWhen 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.
Read MoreOwners 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’?
Read MoreDomain 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?
Read MoreThe 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.
Read MoreAfter 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.
Read MoreWhen 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.
Read MoreSome 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’.
Read MoreThis 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.
Read MoreThis 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.
Read MoreMoral 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.
Read MoreCopyright 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.
Read More
