The situation is very common. You’re a business owner and you have done everything in accordance with the law, even going the extra mile by getting your business registered as a trademark. And then you become aware of another business using your trademark in what seems to you like a trademark infringement and you want
We have been specialising in trademark law for over 10 years and have a good idea of the most common questions and queries related to it.
We have written many articles on the most requested topics to help people be informed about what can often be a confusing topic. Read through our content to improve your knowledge on trademark law or get in touch if you have a specific query or request.
A common misconception is that registering a business or company name gives you a right to use it in any manner you desire. This is not the case. If your business or company name infringes on another party’s trade mark, then they can prevent you from using it and also seek damages. It is easy
Most large and successful brands are very trade mark conscious, often verging on being aggressive. And non more so than Apple Inc. Apple is now the owner of the ubiquitous catchphrase “There’s an App for That.” Apple Inc owns the registered Australian trade mark no. 1374498 for “THERE’S AN APP FOR THAT” in relation to
The test of ‘substantially similar in overall impression’ in section 19 of the Designs Act 2003 (Cth) is stronger than the test of ‘fraudulent or obvious imitation’ in Designs Act 1906 (Cth). Introduction Despite the increased celebration of product design, the law protecting designs remains amongst the least utilised of all the registered intellectual property
Are you doing business in China? If so, you may want to consider registering your name or brand as a trade mark to protect it. Trade marks are country based, so you only have protection in countries where you have a registered trade mark. It may be surprising to some, but there are many similarities