Trademarks

What is a Trademark and How Do You Register One?

What is a Trademark? A trademark is any word, phrase, symbol, or design that ascertains and differentiates the source of goods or services of one trader from those of their competition. Registered trademarks come with the exclusive right to the use of that mark, as well as the right to take legal action against infringing parties. Registered trademarks are items of intellectual property and can…

Why you must do these searches before your register your Australian trademark

Why searching for your trademark can be key to your business success You’ve spent hours dreaming about and planning your business. From a new product or service to a rebranded logo. The time, money and effort invested into this have been considerable. But before you go ahead and launch, there’s one more thing you must do – conduct a trademark search. Ideally, trademark searches should be…

Why Australian businesses need to protect their trademark in New Zealand

Trademark protection for Australian businesses in New Zealand Australia and New Zealand have had close ties and economic relationships for years. For many Australian companies wanting to expand, the close geographic proximity and similar cultures make New Zealand an attractive proposition. For the most part, trademark registration is specific to each country, so your trademark registration in…

Can you use someone’s trademark in a Google AdWords campaign?

Can you use someone’s trademark in a Google AdWords campaign? Many businesses now use Google to market and promote their goods and services. From giving attention to organic search results via Search Engine Optimisation (SEO) to paying for AdWords campaigns. Have you ever typed your trademark name into Google and your website address is displayed as an organic result? Then you notice that your…

How to overcome a lack of distinctiveness trademark objection

How to overcome a lack of distinctiveness trademark objection Have you have received a lack of distinctiveness trademark objection from IP Australia? This will occur if your trademark is not capable of distinguishing the nominated goods or services from another trader’s similar goods or services. After receiving this sort of objection your trademark will only be accepted if you can supply…

Using a Trademark: Use it or Lose it

Using a trademark. If you don’t use it you may lose it Did you know that if you stop using your trademark it could be vulnerable to removal for non-use? Registering your trademark to identify your unique service or product is only the first step. While it is common business practice to register a trademark to identify a service or product so they are distinguished from other traders, it is not so…

How to protect trademark rights in China

As Australia’s largest trading partner and with a population of 1.4 billion people, China offers immense opportunities for Australian businesses. While China offers many benefits for business and manufacturing, there is also the unfortunate reality that infringement of trademark and intellectual property can happen. Before you expand your business into China, it is a good idea to know what…

How to respond to an adverse trademark application

As a business owner you know how important it is to protect your brand. But what happens after you have submitted a trademark registration application to IP Australia and you receive a letter stating there are problems with your application? If your trademark application has been deemed unfit for registration, an IP Australia examiner will specify the grounds for the rejection. The team at Quick…

Suspect you have an IP breach? Essential strategies to enforce your IP rights in Australia

If you are a business owner and suspect an IP breach, it can feel like your entire world is closing in on you. Your first instincts to make matters right are likely to be fuelled by emotion – anger, hurt and frustration. Before you engage in behaviour that may damage your good reputation and long-term business success, there are a few things to consider. IP Australia suggests that you do take…

Can you register a trademark for a #hashtag?

Hashtags are used on social media platforms including Instagram, Facebook and Twitter as a method to categorise messages. They include brands, taglines, slogans, television shows and social cause movements. A hashtag search gives users the ability to search and view content in real time. The increased use of hashtags in social media marketing to attract and engage consumers online raises thought…

7 international trademark registration facts all business owners need to know about

If you have your trademark registered in Australia, it may be vulnerable if it is not registered internationally. Prior to the Internet, it was not such a crucial business mistake if you did not register your trademark internationally. Today’s online market place means businesses often have a global presence. Someone using your trademark in an overseas country can be as disastrous to your…

5 things to remember when registering a trademark

Registering a trademark can be crucial to your business success. And while the application process to register a trademark appears straightforward, it’s helpful to keep the following points in mind. 1 Ensure that your trademark is a trademark By definition a trademark is a sign that one trader uses to distinguish their goods and/or services from the similar goods or services of other traders. A…

IP Australia announces new fees for trademark registration

IP Australia announces new fees for trademark registration The Australian Intellectual Property Office has announced a new fee structure for Intellectual Property services in Australia. This change of fee structure will align Australia with other international IP Offices.   The Australian Trademarks Office new fee structure for trademark registration and associated services commences from 12am 10…

The use of “Kylie” as a trademark: Kylie Minogue V Kylie Jenner

The use of “Kylie” as a trademark: Kylie Minogue V Kylie Jenner When news broke that Kylie Minogue began opposition proceedings against Kylie Jenner’s application to trademark the name “Kylie”, it highlighted the importance of being vigilant about trademark protection. During April and November 2015 Kylie Jenner through her company Kylie Jenner Inc. filed numerous federal trademark applications…

Could your trademark application be vulnerable?

Could your trademark application be vulnerable? How a successful opposition can be made on bad faith grounds Thinking about registering a trademark in Australia? A search of trademark databases will give you an indication of what trademarks are already pending or registered and whether they are similar to your trademark. But it’s also it’s a good idea to consider the possibility of the trademark…

Colour trademarks: 4 essential things you need to be aware of

Colour trademarks in Australia 4 essential things you need to be aware of Wondering if you should trademark a colour in your business? Over the last few years, there have been a few high profile colour trademark cases. From the BP colour trademark and the 7-11 colour trademark to the Cadbury colour trademark case. Australian trademark law gives individuals and enterprises the opportunity to…

Read this before you use your own name as a brand or trademark

Thinking about using your own name as a brand or trademark? Here’s what you need to know. Want to use your own name as a brand or trademark? On face value, it can appear to be a good decision to make. From multi-national clothing designers like Chanel and Dior to architectural firms and coffee suppliers we see individual names used as brands all the time. But before you register your own name as…