Many trademarks have a descriptive element to them, most commonly being the words of the trademark itself. However, during the examination by the government, your trademark will be examined as to whether it is too descriptive in relation to your goods or services, and it will face an objection if it is found to be…
A registered trademark in Australia will provide you with protection for your brand, name or logo. To help you on your way to protecting your business, this article describes how to get a trademark in Australia. A properly registered trade mark will help distinguish your goods or service from others and ensures no one can…
There is often confusion about the differences between trademarks, patents and copyright. This is no surprise as the law in this area is quite complex and very conceptual. This post provides a brief overview of the differences. But firstly, let’s start with the similarities. The reason that trademarks, copyright and patents are often mixed up is…
Some people ask before applying for a trademark whether they need a trademark attorney to assist in protecting their brand. For the relatively small costs involved, we certainly recommend you use a legal expert to handle your trademark registration.And here are our 5 reasons why we think you should use a trademark attorney: Protect the…
What Causes A Trademark To Be Rejected? A registered trademark will give you a legal monopoly over the word or logo that you have registered. This is a powerful right, and the government will not grant it without first examining it on several grounds. Let’s first go over what a trademark is before we consider what…
Is it possible to trademark an Instagram or Facebook account? The short answer is, yes, you can. Like any other name or logo, Instagram and Facebook accounts accrue goodwill and reputation that businesses wish to protect. And they can be legally protected by a registered trademark like any other name or logo. Trademarking Instagram and…
Do I Need a Registered Trademark? Having an officially registered trademark for your business is not actually a legal requirement. As long as you are otherwise obeying the legal obligations of running your business, such as having the correct licences, paying taxes and abiding by consumer law, among other things, then you technically do not need to have a…
As a new business manager, you might ask yourself whether it is necessary to register your trademark immediately or if it is something that can wait until you are more established in the marketplace. You might wonder why, if you have already taken the steps to register your business name and your domain name, should you also register…
Under Australian patent law, there is no statutory position on whether a business method ispatentable subject matter, and so it is legal precedent that provides guidance. The watershed NRDC (1) case opened the door to what can be considered patentable subject matter in Australian law, to beyond merely ‘vendible products’ (2), and now includes things such as living organisms,…
Amazon has updated its brand registry to require that brands be registered trademarks. This means that brands must be registered with a government intellectual property office in order to be eligible for the Amazon Brand Registry. This change will help to ensure that only legitimate businesses are able to sell on Amazon. The benefits of…