Trade Marks

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This is a tricky question – and one that is particularly important for businesses who are thinking about using a new brand name.The main risk of using a brand name before you’ve registered it as a trademark is that you infringe someone else’s trademark rights. If one of your competitors already has a trademark registration for your brand...

Trademarks are registered for specific goods and services, all of which fall within specified classes or categories. IP Offices around the world use the Nice Classification system for classifying goods and services.Every good or service falls into one of 45 classes (categories). The 45 different classes consist of 34 classes of goods and 11...

We are often asked the question: “When can’t I register my trademark?” So we thought we’d explain some examples of trademarks that are not usually registrable.When you file a trademark application with IP Australia, it has to be evaluated by a trademark examiner, who will assess it for registrability. If your proposed mark doesn’t match the...

The obvious answer to this question is, “Yes, you most likely can – and you most likely should!”To ensure that you have the most comprehensive trademark protection, it’s best practice to register trademarks for both your word mark(s) as well as any logos/images (device marks) which are part of your brand assets.A trademark registration...

What is a slogan?A slogan or tagline is usually a catchy and memorable phrase used in advertising. It can be used to advertise a business brand or a particular product or campaign of a business. Although there might be slight distinctions between the purpose and definitions of a tagline, catchphrase, motto or slogan, they are all phrases or...

What is Trademark Infringement?Trademark law protects the legal rights of a registered trademark owner. Trademark infringement occurs when these rights are violated by the unauthorised use of a trademark by someone other than the owner. Imagine a scenario where you have a registered trademark covering clothing and retail services for a...

What is a Trademark Opposition?A trademark opposition is a challenge to stop the registration of a new trademark. An opposition is usually filed by someone who believes that a trademark shouldn’t be registered because it clashes with their trademark rights.Serving as an example, Qantas, the well known airline who uses and has registered a...

Can you use trademarks in keyword bidding? Because a registered trademark gives a trademark owner exclusive rights to use that trademark, the average business owner might assume that this will prevent their competitors  from using that trademark for keyword bidding for digital advertising services.It seems not. You can use trademarks, even...

What’s the easiest path to trademark registration?Most strategic business owners would love to display the registered trademark symbol ® as a sign that they have the exclusive rights to use their brand name. Like a scarecrow, it sends a strong signal to potential imitators that you are committed to investing in and defending your...