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 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 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 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 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 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 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 MoreIn 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.
Read MoreIP 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.
Read MoreWhen 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.
Read MoreIn 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.
Read MoreIn 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.
Read MoreThe ® 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.
Read MoreAlthough 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.
Read MoreThere’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.
Read MoreMany 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.
Read MoreRegistering 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.
Read MoreTrademarks 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.
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