Can I register the shape of my product as a trade mark?
A three-dimensional shape is registrable as a trade mark if it meets the requirements of the Trade Marks Act. Shapes may be capable of...
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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
- Dec 19, 2018
- 3 min
Can my trade mark registration be revoked for non use?
A trade mark registration can be revoked if it is over 5 years old and the trade mark hasn't been used by the owner (or an authorised...
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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
- May 26, 2017
- 2 min
If I file my trade mark application with the wrong owner's name, will my application be valid?
If you are not the first entity to use a particular trade mark in Australia, then you are not the owner of that trade mark and your...
60 views0 comments
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
- 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
- Jun 20, 2014
- 2 min
Should I use descriptive terms in my trade mark?
Many people think its a good idea to use descriptive terms in their trade marks to help consumers understand the nature of their...
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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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Steve Davey
- Dec 9, 2010
- 2 min
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...
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