Can I make my product look like my competitor's product?
The short answer is "no". You should not make your product so close to your competitor's product to deliberately misappropriate the...
top of page
Search
stevedavey4
Jun 18, 20212 min read
Can I use my surname as my trade mark?
You can, but beware. The Trade Marks Office will object to your application if your surname occurs on the Electoral Roll more than 750...
37 views0 comments
stevedavey4
May 10, 20211 min read
Can copyright protect my slogans?
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...
50 views0 comments
stevedavey4
Oct 15, 20201 min read
Should I list my trade mark on the Amazon Brand Registry?
Amazon Brand Registry helps brand owners to protect their registered trade marks on Amazon from counterfeit products and trade mark...
30 views0 comments
stevedavey4
Feb 28, 20203 min read
Is using my own name a defence to trade mark infringement?
The case of Flexopack S.A. Plastics Industry v Flexopack Australia Pty Ltd [2016] FCA 235 is relevant to this issue. The Applicant,...
215 views0 comments
stevedavey4
Feb 18, 20204 min read
Can I use a building name in my business name?
Significant investment is made by developers when building businesses. Trade mark registration is necessary to protect that investment. ...
185 views0 comments
stevedavey4
Feb 11, 20202 min read
Can I register a foreign trade mark?
The foreign manufacturer is generally the “first user” and therefore the “true owner” of the trade mark in Australia under section 58...
49 views0 comments
stevedavey4
Feb 10, 20202 min read
What is the difference between the ® symbol and the TM symbol?
The TM symbol is used for unregistered trade marks and the ® symbol can only be used for registered trade marks. If you have registered...
174 views0 comments
Steve Davey
Dec 29, 20192 min read
How can I stop counterfeit versions of my goods from entering Australia?
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...
27 views0 comments
Steve Davey
Feb 15, 20199 min read
Can I register a colour as a trade mark?
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...
46 views0 comments
Steve Davey
Feb 14, 20191 min read
How do I stop a cybersquatter?
Cybersquatting occurs when someone registers a domain name which includes a brand to confuse consumers or to make a profit from the...
27 views0 comments
Steve Davey
Jul 5, 20171 min read
Can I use my competitor's brands to improve my website ranking?
You can the improve your website's ranking on Google by: Search Engine Marketing ("SEM"). This involves purchasing keywords from Google...
32 views0 comments
Steve Davey
Feb 15, 20172 min read
Should I bother registering my trade mark in China?
If you have any prospect of business in China, it is wise to register your mark there before your business associates or competitors do...
29 views0 comments
Steve Davey
Feb 7, 20171 min read
If I terminate a licence agreement, can the licensee still use my intellectual property?
In the case of Apple & Pear Australia Ltd v Pink Lady America LLC [2015] VSC 617, the Victorian Supreme Court determined that a...
121 views0 comments
Steve Davey
Feb 3, 20172 min read
Does registering my trade mark give me the right to use it?
Registering a trade mark will provide a defence against trade mark infringement claims, but not to actions for misleading or deceptive...
50 views0 comments
Steve Davey
Aug 11, 20162 min read
If I don't use my registered trade mark, will I lose it?
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...
19 views0 comments
Steve Davey
Dec 2, 20142 min read
Will my trade mark be distinctive if it contains descriptive words in a foreign language?
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...
15 views0 comments
Steve Davey
May 2, 20132 min read
Can I win a case without direct evidence of infringement?
Without the infringing goods, or some direct evidence of infringement, a court will not be able to make a finding of trade mark...
20 views0 comments
Steve Davey
Sep 11, 20122 min read
Can I import branded goods from overseas without breaching Australian laws?
"Grey goods" are genuine goods imported into Australia by someone other than the trade mark owner or an authorised licensee. This is...
16 views0 comments
Steve Davey
Dec 9, 20102 min read
Should I choose a descriptive brand?
Short answer: definitely not. Why? Because it's difficult to stop others from using them. A case in point is the PERSIAN FETTA trade...
15 views0 comments
bottom of page