Trade Marks

IP Australia – New Trade Mark Fees Effective 1 October 2020

In 2019, IP Australia conducted reviews of its fee schedules in consultation with various stakeholders. The results of the extensive, 19-month review were finalised and released on 7 August 2020. IP Australia announced that the updated fee schedules will apply commencing 12 AM AEST on 1 October 2020. The new fees will impact charges payable […]

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ATMOSS: The Australian Trade Mark Database

The primary function of a trade mark is to designate the origin of products and services so that your customers can reliably find products and services. A business, whether it be for products, for services, or both, needs to have a name because it is a sign as to how we identify a brand. Of […]

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IP Report 2020 on Trade Mark Filing Statistics in Australia and Overseas

A trade mark is a way for customers to recognize your unique product or service from your competitors. A trade mark is not just ‘a logo’, it is your brand. It can be in the form of a letter, word, phrase, number, sound, shape, smell, logo, movement, picture, aspect of packaging, or a combination of […]

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U.S. Supreme Court Overturns USPTO Trade Mark Refusal Against Booking.com

Booking.com is an Amsterdam based digital travel company that provides online hotel and travel reservation services. It also maintains the same domain name for its website. About a decade ago, Booking.com filed trademark applications for four marks, each with distinct designs but all containing the term “Booking.com”. Unfortunately, the USPTO Examination Attorney refused the applications […]

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Vodka Wars: KWM, SPI Group Wins Long-Running Stolichnaya Trade Mark Case

King & Wood Mallesons, in a 15-year trade mark case, has successfully defended its client, SPI Group (‘SPI’) in relation to ownership of the Stolichnaya brand name in Australia. The proceedings concerned the ownership of trade marks of the well-known brands of the Russian vodka including the famous Stolichnaya trade mark. The proceedings commenced in […]

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How Much does it Cost to Register a Trade Mark in Australia?

Trade marks play a vital role in your business. A trade mark is a sign that identifies your business as the provider of goods or services in the market. IP is a valuable business asset in the online world. It  is up to you to identify your IP assets and stop others from using your […]

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Trade Mark Symbols and How to Use Them

Using trade mark symbols is important to help identify your mark as being owned by you. It is not a requirement to use trade mark symbols in connection with your brand but it put competitors on notice that you take your intellectual property rights seriously and will enforce those rights. The ®, ™ and SM […]

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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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