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Trade Marks

Trade Mark Question: Can the word “Zero” be exclusively owned by one or by none?

The Coca-Cola Company (Coca-Cola) has been a globally known beverage corporation for over a century now. Its success greatly depends on the legal protection of its brand names through global trade mark filing and brand strategies. In the mid-2000s, however, Coca-Cola’s competitor, Royal Crown Cola Co. (RC Cola) initiated a trade mark battle when RC […]

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How long does it take to register a trademark in Australia?

Although you are keen to start your new business, at the outset you should start the process to register a trade mark to protect your brand name. With the expansion of the Internet and global commerce, trade marks have taken on a highly valuable significance. Trade marks are registered in respect of specified goods or […]

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The Difference Between a Business Name and a Trade Mark

A business name and a trade mark have different purposes, although they are both important when it comes to your business! All businesses need to have a business name, but not all are required to obtain a trade mark. A Business Name is used to identify a business while a Trade Mark legally protects your […]

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How to Register a Trade Mark in Australia

An important step for any business is to assess their intellectual property assets. Intellectual property should be included in your business plan including how you plan to protect and manage it. What is a trade mark? A trade mark is a right granted for a word, slogan, logo, picture, shape, colour, sound, scent or any […]

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The Difference between a Trade Mark Assignment and a Trade Mark Licence

As the owner of a trade mark, you have exclusive privileges in relation to your trade mark and the right to prevent other people from using your mark. However, there are instances when you can “exploit” your trade mark and allow others to use it either through a trade mark assignment or a trade mark […]

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Trade Mark Solicitation Scams – Don’t get Scammed!

Trademark solicitation scams from fake trade mark registration agencies have become a progressively serious problem through the years. Owners of trademarks who are either applicants or registrants receive letters through the post or by email that solicit substantial payments for fake services. The “scam” notice asks for a payment to ‘register’ a trade mark or […]

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The Singapore Treaty on the Law of Trademarks and Non-Conventional Trademarks

Member states of the World Intellectual Property Organisation (WIPO) adopted the Singapore Treaty on the Law of Trademarks (STLT) on 27 March 2006, updating the 1994 Trademark Law Treaty (TLT). It was signed by Australia on 26 March 2007. The purpose of the STLT was to keep pace with technological advancements and to promote international […]

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New Amendments to Australia’s IP Laws: Non-Use Applications

The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (the Act) is introducing new changes to Australia’s IP regime. This article will consider the changes to the grace period for non-use applications under the Trade Marks Act 1995 (Cth). What is a non-use application? A non-use application is an […]

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How to Monitor my Trade Mark for Infringement?

A trade mark, sometimes called a ‘brand’ is used to signify that products or services originate from a particular entity or business. Proprietary rights in a trade mark may be obtained either by use (so-called ‘common law’ rights) or by registration (‘statutory rights’). Common law rights arise when a trade mark is used to such […]

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How to Get an International Trade Mark?

Even if you have registered a trade mark in your home country, this does not guarantee protection when you decide to expand your brand and market your products or services globally. Your trade marks may have protection in the geographical places where they are registered, but if you are trading overseas, you should consider whether […]

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