Defensive Trade Marks: When Protection Needs to Go Beyond Use
For most businesses, registering a trade mark is about claiming ownership over the brand elements they use every day, i.e. logos, names, slogans, and so on. But what happens when…
Sounds, Scents & Signs: Understanding Non-Traditional Marks
When most people think of trade marks, they picture a logo, a business name, or a slogan. But trade marks are not confined to just words or symbols anymore. Under Australian law,…
Understanding the “Use” of a Trade Mark: How It Works?
If you've registered a trade mark or you're thinking about applying for one, you might be surprised to learn that owning a registered mark isn't the end of the story, it's just…
How Trade Marks for Wine Are Examined in Australia under Class 33?
When it comes to protecting a brand of wine in Australia, filing a trade mark is only half the job. The real test comes during examination, i.e. where legal rules, geographic…
Honest Concurrent Use: How is it important?
What happens if someone else is already using a similar trade mark, but I’ve been using mine too, honestly and for years? This is exactly where the concept of honest concurrent…
Scandalous Signs as Trade Mark- What Do You Need to Know?
Now, you might wonder, what exactly does “scandalous” mean in this day and age? The truth is, it’s a moving target. What’s acceptable now may have been shocking 20 years ago, and…
Provisional Refusal of an IRDA-What can you do?
So, just because you’ve filed a trade mark internationally under the Madrid Protocol, it doesn’t mean your mark is automatically protected in Australia. Like every other country…
Trade mark Application Status-Will It Be Accepted or Rejected?
If we look into one of the basics of trade mark registration process, a common but crucial question I often get from clients: “What happens after I file my trade mark application?…
