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
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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.
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
From a legal perspective, trade marks are property. Intellectual property to be precise. Although most laypeople would consider bricks and mortar type property as being quite distinct from “intellectual property”, the law makes no such distinction. A trade mark is treated as property that can be sold, licensed, and potentially even stolen. Accordingly, when valuing