Which countries are first to use and which countries are first to file for trade mark rights?
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...
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stevedavey4
- Aug 17, 2021
- 1 min
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...
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stevedavey4
- Jun 18, 2021
- 2 min
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...
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stevedavey4
- May 10, 2021
- 1 min
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...
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stevedavey4
- Oct 15, 2020
- 1 min
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...
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stevedavey4
- Feb 28, 2020
- 3 min
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,...
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stevedavey4
- Feb 18, 2020
- 4 min
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. ...
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stevedavey4
- Feb 11, 2020
- 2 min
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...
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stevedavey4
- Feb 10, 2020
- 2 min
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...
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Steve Davey
- Dec 29, 2019
- 2 min
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...
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Steve Davey
- Feb 15, 2019
- 9 min
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...
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Steve Davey
- Feb 14, 2019
- 1 min
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...
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Steve Davey
- Jul 5, 2017
- 1 min
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...
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Steve Davey
- Feb 15, 2017
- 2 min
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...
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Steve Davey
- Feb 7, 2017
- 1 min
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...
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Steve Davey
- Feb 3, 2017
- 2 min
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...
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Steve Davey
- Aug 11, 2016
- 2 min
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...
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Steve Davey
- Dec 2, 2014
- 2 min
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...
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Steve Davey
- May 2, 2013
- 2 min
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...
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Steve Davey
- Sep 11, 2012
- 2 min
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...
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