Trade Marks

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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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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