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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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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 some of the major changes to parallel importations introduced by the Act and how these impact upon the current IP regime. What is parallel importation? Parallel […]
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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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Descriptiveness Though it might be tempting to opt for a descriptive name for your brand to assist consumers with brand recognition, choosing a name that is too descriptive often results in a brand that is not be capable of registration as trade mark. Consider, for example, the brand name ‘Global Exports’ which is in the […]
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The Beginning of a Trade Mark If you’ve had any experience with trade marks, then you know it can be an exciting process. A trade mark gives you ownership of the name and the legal right to use that mark exclusively to brand your business and prevent others from doing so. From the time that […]
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What is copyright? Copyright is a form of intellectual property that protects the creator of an original work (or other subject matter) by granting exclusive rights in that work. These rights allow creators to control how their work is used and provides creators a means to commercialise their works. Who is the owner of copyright? […]
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Registering a trade mark can feel somewhat expensive for an on-a-budget startup! Therefore, hiring a trade mark attorney can seem out of reach when you are paying for all your other “legals”. But self-filing your trade make does not necessarily mean that you will save on money or time. If it is not done right, […]
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What is the Australian Trade Mark Search? The Australian Trade Mark Search is a directory provided by IP Australia to assist with trade mark searches. The Australian Trade Mark Search is the successor of the former Australian Trade Marks Online Search System (ATMOSS). The Australian Trade Mark Search is an essential tool for performing initial […]
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The YouTuber The evolution of the video-sharing platform, YouTube, has been an exciting journey to watch. From a place one would share amateur home videos to an advertising channel with a market of millions, it’s incredible to see how people have used YouTube and content creation to create successful careers. When YouTubers such as Timothy […]
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Drone Regulations in Australia The primary body that regulates drone use is the Civil Aviation Safety Authority (‘CASA’), which is primarily focused on the safety aspect of flying drones, or ‘unmanned aircraft’, in both controlled and uncontrolled airspace. The principle regulation that covers drone usage is the Civil Aviation Safety Regulations 1998 (Cth), and in […]
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