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...

Cosmetics are patentable. Natural ingredients used in cosmetics cannot be patented by themselves. However, you can patent the use of...

If you want to own the software developed for you, you must have an explicit agreement in writing to own the software - otherwise, the...

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 primary rule of the patent system is that you should not tell anybody about your invention before you have filed a patent application. ...

The short answer is that the Australian Patents Office will grant patents for software that has a technical purpose which is connected...

If you want to start up a company and attract an investor, then you'll need to get your legal house in order. Here's a check list of the...

Both Australia and China have two grades of patents. The top grade is harder to obtain than the lower grade, but the top grade lasts...

Section 187 of the Patents Act 1990 requires details of changes in ownership of patents to be recorded on the register. However, there is...

If you can't fund your business yourself, then you'll need an investor. Investors will dilute your shareholding in your company. So you...

The short answer is 'no'. Perpetual motion machines allegedly produce endless motion without any external source of energy. However, all...

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...

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...

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

A patent can only claim one invention. Sometimes during the course of examination, an Examiner identifies more than one invention in the...

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...

Methods of medical treatment are patentable in Australia, but not in New Zealand. The Australian High Court decision of Apotex Pty Ltd v...

In the Patent Office decision of First Principles, Inc. [2011] APO 1 (5 January 2011), the Hearing Officer Phil Spann refused standard...

The case of Shape Shopfitters Pty Ltd v Shape Australia Pty Ltd (No 3) [2017] FCA 865, is a reminder that registrations for logos provide...

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

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...

A person or company that has been unjustifiably threatened with patent infringement litigation may seek an injunction to prevent the...