The “first to file” countries grant rights to the person who first files a trade mark application over a third party who made prior use...

The short answer is "no". You should not make your product so close to your competitor's product to deliberately misappropriate the...

You can, but beware. The Trade Marks Office will object to your application if your surname occurs on the Electoral Roll more than 750...

In the case of State of Victoria v Pacific Technologies (Australia) Pty Ltd (ACN 065 199 439) (No 2) [2009] FCA 737, Emmet J stated that...

Amazon Brand Registry helps brand owners to protect their registered trade marks on Amazon from counterfeit products and trade mark...

The case of Flexopack S.A. Plastics Industry v Flexopack Australia Pty Ltd [2016] FCA 235 is relevant to this issue. The Applicant,...

Significant investment is made by developers when building businesses. Trade mark registration is necessary to protect that investment. ...

The foreign manufacturer is generally the ​“first user” and therefore the ​“true owner” of the trade mark in Australia under section 58...

The TM symbol is used for unregistered trade marks and the ® symbol can only be used for registered trade marks. If you have registered...

We can assist you with blocking the import of infringing goods. If you are the owner of a registered trade mark and you are concerned...

A colour, by itself or in combination with other colours and/or any of the other features which fall within the definition of a sign, may...

Cybersquatting occurs when someone registers a domain name which includes a brand to confuse consumers or to make a profit from the...

You can the improve your website's ranking on Google by: Search Engine Marketing ("SEM"). This involves purchasing keywords from Google...

If you have any prospect of business in China, it is wise to register your mark there before your business associates or competitors do...

In the case of Apple & Pear Australia Ltd v Pink Lady America LLC [2015] VSC 617, the Victorian Supreme Court determined that a...

Registering a trade mark will provide a defence against trade mark infringement claims, but not to actions for misleading or deceptive...

If you registered your trade mark over 3 years ago, and you haven't used it in the course of trade for 3 years, then a competitor could...

A trade mark has to be distinctive in order to function as a trade mark. It cannot contain terms which traders generally use to describe...

Without the infringing goods, or some direct evidence of infringement, a court will not be able to make a finding of trade mark...

"Grey goods" are genuine goods imported into Australia by someone other than the trade mark owner or an authorised licensee. This is...