Registering a Personal Name as a Trade Mark

30th January 2024 - Bianca Ysabel

Names are powerful. A name can be an imperative personal asset. It is about identity and reputation. A name also embodies the personality of the holder. Names can create a movement or break one, represent a value or take one down. A person may want to protect their name, especially when a name reaches a […]

What Makes A Trade Mark Distinctive?

28th November 2023 - Alessandra Maxine

A trade mark is a sign that distinguishes your business from others in the market. It can be in the form of word, logo, or even a tagline! Distinctiveness is a condition of registration. An application must be rejected if the trade mark is not capable of distinguishing the applicant’s goods or services from the […]

Australian Trademark Process: Everything You Need to Know

30th October 2023 - Bianca Ysabel

A trade mark protects your brand and distinguishes your product or services from competitors. It is important to understand how a trade mark can protect your business and how to apply for one. What is a trade mark? A trade mark which is sometimes called a brand is used to signify that products or services […]

Puma Vs CAT: The Full Federal Court settles a catfight!

28th March 2023 - Bianca Ysabel

Background On 21 October 2016, Puma SE (‘Puma’) filed a trade mark application for “PROCAT” in class 25 (footwear and headgear) and class 18 (bags and accessories). Subsequently, Caterpillar Inc. (‘Caterpillar’) opposed the trade mark on various grounds (s52, ss42(b), s44 and s60). Caterpillar owned registered trade marks for CAT in classes 18 and 25 […]

Brunellino Wins Bad Faith Trade Mark case in China

8th February 2022 - Alessandra Maxine

Brunello di Montalcino is one of the most well known and loved wines in Italy and the fame of this wine has spread to other jurisdictions. In May 2021, Consorzio del Vino Brunello di Montalcino (‘Consorzio’), a prestigious Italian wine company, obtained favorable decisions from the Chinese Trademark Office (“CNIPA”) to invalidate three trade marks […]

What Is A Series Trade Mark Application?

27th January 2022 - Jax Floro

A trade mark is your most valuable marketing tool. It is a sign that identifies a business as the origin of the supply of its products or services to distinguish from another business, product, or service. Businesses most commonly use their brand names or logo as their trade marks. There are, however, also a number […]

Australian Intellectual Property Report 2021

20th May 2021 - Jax Floro

Trade marks A trade mark is a type of intellectual property and consists of a sign that distinguishes the goods and services of one trader from another trader in the marketplace. A registered trade mark gives the owner a 10-year period of protection over the trader’s exclusive rights to use, license and sell the mark. […]

The Trade Mark Opposition Process

20th May 2021 - Jax Floro

As the owner of a trade mark, you are responsible to defend your trade mark rights. Therefore, you should know about the purpose and process of trade mark opposition proceedings. It is important for you to be familiar with the complexities of trade mark oppositions so that you are properly informed in case someone opposes […]

Series Trade Mark Applications

3rd February 2021 - ADMIN

What Is A Series Trade Mark Application? A trade mark is a business’ most valuable marketing tool. It is a way of identifying a business, its products, and/ or services from another business, product, or service in the market. Businesses most commonly use their brand names or logo as their trade marks. However, there are […]

IP Australia – New Trade Mark Fees Effective 1 October 2020

28th September 2020 - Jill Junio

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 […]

Trade Marks