Trade Marks

How do I use Trade Mark Symbols?

The owner of a trade mark is typically asserting trade mark rights to the public through using the ™ symbol which signifies that a given mark is a trade mark.  The ™ symbol is used in connection with unregistered trade marks whereas the ® symbol is used once the trade mark is registered.  What do […]

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Is My Trade Mark Too Descriptive?

Descriptive Trade Marks   The function of a trade mark is to serve as a “badge or origin”. When a trade mark is filed, it gives the applicant exclusive rights and the power to prevent others from using the trade mark in the specific classes it was filed in. It is a sign or symbol […]

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A ‘Good Faith’ Defence to Trade Mark Infringement

There are several defences that can be useful in mounting a challenge against an allegation of trade mark infringement. Though, each defence will need to be assessed on its merits and against the evidence put forward in a trade mark infringement claim. This article considers the ‘good faith’ defence that may be raised in response […]

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Cracking the Trade Mark Game of Thrones Legal Protection Code

Trade Mark Protection  What many don’t know about the world of intellectual property is that it can be a place of sneakiness and power plays. When you have poured blood, sweat and tears into promoting, advertising and building your brand, it makes sense that you should protect it. Trade marks and the legal protection they […]

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What Is Trade Mark Infringement?

What is a trade mark? A trade mark is a mark used to identify a trader’s unique goods or services. Essentially, a trade mark is a brand which allows consumers to differentiate between your goods and services and those of another person. The Trade Marks Act 1995 (Cth) (‘Trade Marks Act’) sections 6 and 17 […]

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Understand The Difference – Trade Mark and Business Name

Many people believe that registering a business name will give them legal protection to exclusively use that name and prevent other people from using it. However, a trade mark and a business name serve quite different purposes. A business name is used to identify your business so as to show people that you are operating […]

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Betting on the Mark: Sportsbet vs CrownBet

Online-betting giants Crownbet and Sportsbet are going toe-toe over a dispute arising out of Crownbet’s attempt to rebrand as Sportingbet. Crownbet who is a subsidiary of the Canadian gaming giant The Stars Group, obtained the brand Sportingbet as part of its acquisition of UK based William Hill Australia earlier this year. William Hill had used […]

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Funny Intellectual Property Quotes

Importance of Intellectual Property Rights It’s amazing how something I told you 3 days ago becomes the great idea you had this morning. Maybe you’re a creator with a new invention, someone with a name or brand to protect or even a person who’s thought outside of the box and discovered a better way to […]

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Certification Trade Mark Allegations over ‘Fake’ Scotch Whisky

A Major liquor group – D’Aquino Bros Pty Ltd – is facing charges made against them in the Federal Court by Scotch Whisky Association (SWA) for selling ‘fake’ scotch whisky. The charges have been made against D’Aquino Bros Pty Ltd and seven other parties, including well-known liquor merchant Mr Liquor. SWA are seeking damages in […]

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Trade Mark Infringement: “TACO Tuesday” OR “TACO SUES’DAY”?

A popular pub in Melbourne’s Footscray has received a cease and desist letter from the popular Mexican chain franchise “Salsas Fresh Mex”. The letter alleges that the pub “The Reverence Hotel” is infringing the intellectual property rights of Salsas as the owners of the trade mark “Taco Tuesday”, and demands that The Reverence immediately stop […]

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