Trade Marks

How to File a Trade Mark for My Name

A trade mark is generally a word, phrase, slogan, symbol or design or a combination thereof that identifies the source of the goods and services of the trade mark owner, distinguishing them from the goods and services of another brand owner. A trade mark lets others know that the goods and services come only from […]

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Substantially Identical and Deceptively Similar Trade Marks

Your trade mark application can be refused on the basis of prior registrations for the same or similar goods or services. Prior registrations may act as a barrier to registration of your trade mark because the earlier mark is the same or similar to your mark. The Trade Marks Act 1995 (Cth) provides that a […]

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Trade Mark Power in a Name – The “Alice Principle”

We often associate legal terms like ‘intellectual property’ and ‘trade mark’ with the protection of names for businesses, but what most people don’t realize is that, our name represents a “brand” and sometimes even a legend, like “Alice in Wonderland”. The protection of our own image and the use of our name in association with […]

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How to become a Trade Mark Attorney in Australia?

You have brains in your head, and feet in your shoes, you can steer yourself in any direction you choose. – Dr. Seuss So, what does it take? A trade mark attorney provides representation and legal advice to clients who wish to have their brand name protected legally and register a trade mark protected at […]

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What’s The Difference between a Word and a Logo Trade Mark?

Word Trade Mark Before you apply for a trade mark, there are many issues you need to consider including whether the trade mark is available. You may be wondering whether someone has already registered the same or similar trade mark, or whether the trade mark itself is registrable. Whatever it may be, you are already […]

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Protecting an Unregistered Trade Mark and Passing Off

Trade marks need not be registered in Australia. Trade mark rights can be established either by use or by registration. At common law, a person who uses a trade mark first may acquire ownership in it because of the goodwill or reputation attached to it. At common law, therefore, a person who uses a trade […]

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Trade Mark Attorneys Gold Coast and Sydney

We specialise in protecting your business against the risk of intellectual property theft or accusations of infringement. Wherever you are in the world, we can help you: • protect your ideas, designs, products and brand identities • secure and commercialise your IP (trade marks, copyright, designs & patents) and internet law • negotiate and draft […]

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Applying for a Trade Mark Overseas

It is important to understand the complexities of registering a trade mark in foreign countries as businesses expand their operations overseas and brands globalise. In this article, we highlight some key points that every business owner should keep in mind when applying for an international trade mark using the Madrid Protocol system. Use the Madrid […]

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When is the right time to file a Trade Mark?

When to apply for a Trade Mark As a business owner, protecting your brand name and registering a trade mark is one of the most important steps in positioning your business for sustained success. Brand identity is fast becoming one of the most valuable assets for a business. A ‘brand’ is often associated with a […]

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