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Trade Marks

The Singapore Treaty on the Law of Trademarks and Non-Conventional Trademarks

Member states of the World Intellectual Property Organisation (WIPO) adopted the Singapore Treaty on the Law of Trademarks (STLT) on 27 March 2006, updating the 1994 Trademark Law Treaty (TLT). It was signed by Australia on 26 March 2007. The purpose of the STLT was to keep pace with technological advancements and to promote international […]

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New Amendments to Australia’s IP Laws: Non-Use Applications

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 the changes to the grace period for non-use applications under the Trade Marks Act 1995 (Cth). What is a non-use application? A non-use application is an […]

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How to Monitor my Trade Mark for Infringement?

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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How to Get an International Trade Mark?

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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3 Important Trade Mark Considerations

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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What Do Trade Mark Attorneys Do?

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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ATMOSS – IP Australia – Australian Trade Mark Search

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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6 Important Steps in Trade Marking a Brand Name

It is essential for every business to trade mark their brand name because a mark represents your product or service and distinguishes it from other products and services in the market. Registering your trade mark grants you the right to use an identifying sign exclusively, and a registered trade mark also comes along with legal […]

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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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