A trademark is defined as any word, symbol, device, brand name, etc. (or a combination of these) that not only identifies but also distinguishes the goods of one entity from those of another, thereby giving intellectual property rights/trademark rights to brand owners. The United States Patent and Trademark Office (USTPO) defines a wordmark as a…
Trademark symbols act as visual indicators to demonstrate that brands, product names, logos, designs, phrases, etc. are trademarked by the owner. These trademark symbols not only identify trademark ownership of a mark but also reflect upon the intellectual property rights of the brand owner by warning the competitors about such ownership. The usage of these…
Colors and specific color combinations are being repeatedly used by corporations in their products, product packaging, advertising, and other sale forums. Consumers are not only aware of such usage but are also subconsciously attracted to such products due to the repeated use of certain colors and color combinations building a strong brand persona. Therefore, colors…
Clients often instruct us to file their trademark in the United States, and because the fees are relatively low and a US trademark provides coverage over a huge market, the benefit of doing so is clear. We usually advise our Australian clients to file for the Australian trademark first, then apply for the corresponding US…
There is no single worldwide trademark registration. You will need to apply to each country in which you would like to have a registered trademark. Even for large companies, this task can prove too cumbersome and expensive. Therefore, the pragmatic route is to seek protection only in countries you intend to make sales. This United States…
Trademarks are registered on a country-by-country basis. This means that you need to apply for trademark protection in each country you seek to protect your trademark. This takes money and effort. For this reason, it is usually better to focus on only those countries in which you are making sales or expect to make sales. The United States…
We often get asked about the difference in Australia between a trademark attorney and a trademark lawyer. In Australia, a trademark attorney is a separate profession from that of a lawyer or a ‘trademark lawyer’. While both professions are legal entitled to work in the field of trade marks for their clients, a trademark attorney is a specialist…
A trademark can be a strong mechanism of protection for an invention or a product. This can be especially useful in cases where patent protection is not possible or otherwise difficult. A product can be branded with a name or logo. Even the shape of a product can be protected as a trade mark if…
Are there any substantive differences in trademark practice and law between trademarks protected in Australia as international marks and national marks? INTRODUCTION International trademarks and brands that exist and trade in nations across the globe are becoming more prevalent. With the advent of the internet and the increasing ease of world travel and communication, it is…
To protect its seller’s trademarks, Amazon has recently rolled out its Amazon Brand Registry to Australian sellers. To learn more about what the Amazon Brand Registry is for trademarks and why you should use it to protect your brand, you can read our recent article here. This is a follow-up article to provide information to those…