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…
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…
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…
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…
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…
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…