Global insights on everything IP.
Trade mark Tip 1 – Register your Trademark ASAP
So, you have come up with a great new brand name or logo. It is unique and no one else has it. Well done! What next? The next step (and one which is often forgotten) is to apply for your trade mark as soon as possible. This will ensure that your new brand or logo […]
International Trade Mark Protection. What you need to know.
How can local brand owners register trade marks internationally? First and foremost, trademark rights are territorial. So, trade marks should be registered in all territories where the mark is or will be used. Trade marks can be protected overseas in 2 ways: as an international application via the Madrid Protocol designating at least one country; […]
New .au domain names coming to Australia
From 24 March 2022, new .au domain names will be available for individuals and businesses with an Australian presence. The new .au domain features are: The name of choosing will be directly before the .au (e.g. yournamehere.au) The domain name does not have to match the name of the goods or services provided or the individual or business name The .au namespace will allow for shorter […]
New Fijian Trademarks Act in 2021
At the end of August 2021, the new Fijian Trademarks Act 2021 (New Act) was gazetted, with a commencement date set to be announced in “the very near future”. This will replace the nearly century-old Fijian Trademarks Act 1933 (Act). The current Act is based on the UK Trademark Act of 1905. Despite the current Act being nearly a […]
Use it or lose it – The importance of proper trade mark use
So often we are asked – what trade mark should I register? Do I register the words contained in my trade mark (answer; yes)? Should I also register my logo (answer; yes – but…)? First and foremost, the broadest protection you can obtain from a trade mark registration is a word trade mark. Plain block […]
Universal succeeds in copyright infringement case against Clive Palmer
During the 2019 Federal election, Clive Palmer’s United Australia Party (UAP) campaign featured the song “Aussies Not Gonna Cop It”. The song contained the lyrics “Australia ain’t gonna cop it, no Australia’s not gonna cop it, Aussies not gonna cop it any more”. Universal launched copyright infringement proceedings against Mr Palmer in 2019 on the […]
How to use and protect your trade mark properly
Once your trade mark is registered, you need to ensure you use it correctly in order to maintain and protect your rights in your trade mark. Things to remember: Once your mark is registered, always use it with the R symbol wherever your trade mark appears. This includes packaging, websites, social media, brochures etc. For […]
I have a registered trade mark – what now?
Once your mark is registered the work does not stop there – you must remember to maintain your mark by using it properly and renewing it every 10 years. Once you have a registered trade mark you have the exclusive right to use that mark on the goods/services covered by the registration. You can also […]
BREXIT and trade marks designating the European Union
Since 2016, news of Brexit has dominated headlines but in the past 12 months Brexit has disappeared from the front page as COVID began dominating our newsfeed. However, Brexit has been quietly ticking along behind the scenes. The UK’s exit from the EU came into effect on 31 January 2020 and a transition period was […]
Proposed Changes to Fiji’s Trade Mark Law
Fiji’s current trade mark law is based on British trade mark legislation enacted nearly a century ago and therefore it is well overdue for an overhaul. Currently, the Act provides for independent registration of trade marks in respect of goods but not services or registration as of rights based on United Kingdom registrations. Goods are […]
Amazon Brand Registry – An Australian Seller’s Guide
Late last year Amazon launched in Australia and while its arrival was a little underwhelming, online retailing is posing a number of challenges to brand owners including the ability to deal with the sale of counterfeit goods on Amazon. To assist sellers to protect their brands, Amazon has created the Brand Registry. While this program has been welcomed […]
Registered Design or Trade Mark?
Shape Trade Marks Prior to the introduction of the Trade Marks Act 1995 (Act) shapes were not registrable as trade mark, however Section 6 of the Act now includes “shapes” as a sign that can be registered as a trade mark, hence the birth of a shape mark, including 3-dimensional shapes in Australia. Registered Design […]
Do you own your Business Name? Trademarks: What you need to know
A distinctive trademark is the footing for a stellar reputation and the foundation of every successful business. But what exactly is a trademark? What is the relationship between trademarks, company names, business names and domain names? And why should you register your mark, even if you have been using it for decades? With online activity […]
Starting a business? The importance of establishing a strong and viable brand identity
With the number of startups increasing each year, many new business owners are wondering how they can make their product or service stand out in a growing sea of competition. How do successful businesses get their products into the hands of consumers year in year out? And what are they doing with their branding that […]
What is a Notary Public and when would I need one?
What is a notary public? A notary public is a solicitor of at least 5 years standing who has been admitted by the Supreme Court as a Public Notary. Unlike Justices of the Peace (a JP), a notary public’s signature and official seal is recognised not only in Australia but also internationally. A notary public […]
I have a Business Name so why do I need a Trade Mark?
If I had a dollar for every time I have heard “but I registered the business name without a problem, why can’t I have the trade mark?” I would be very well-off indeed! This is a common misconception and is the source of much confusion with businesses. Businesses looking to use a brand as their […]