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.
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 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 MoreIf 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 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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