News and Insights

Earlier this year, the Federal Court of Australia upheld the refusal of Melbourne Bone and Joint Clinic Pty Ltd's (MBJC) trade mark application for the words “Melbourne Bone and Joint Clinic” based on section 41(3) of the Trade Marks Act.

Applicants should invest time and effort to prepare a trade mark application that is tailored to their individual objectives, as opposed to simply copying the specification of goods and services from another registration.

We are often asked, “what is a descriptiveness objection and how can I overcome it?” in the course of providing advice and assistance with registering Australian trade marks. In this alert, we outline what a “descriptiveness” objection is a

For many businesses, January is a time for reflecting on the past year, and reinvigorating goals for the year ahead. In our experience, the new year presents a unique opportunity to shake things up – and this may involve introducing new products, r

While undertaking their operations, not-for-profit organisations and charities often use or develop intellectual property such as a logo or some other form of trademark. If managed correctly, intellectual property can be used as an asset for the orga

Registering your trademark and the registered trademark symbol ® Registering your trademark is an important step in protecting your intellectual property rights. Registration not only allows you, the trademark owner, to display the registered trade

Health technologies are developed through the application of organised skill and knowledge to create medical devices that improve the overall quality of life and solve health issues. Some common trademarked health technologies include the word ‘Pan

Technology is an increasingly important aspect of the financial marketplace. With the rapid introduction of platforms such as crowdfunding, peer-to-peer lending and new crypto-currencies, it is important for fin-tech users and providers to protect th

Fashion labels such as Zimmermann, ASOS, and Mimco need some way to shield themselves from imitation and theft, but how do they achieve this? These businesses protect themselves with registered trademarks. If you wish to gain a similar advantage for

1. Application Australian application:  You must already have an application or registration in Australia. An application can be filed with IP Australia but the requirements for registration must be met. International application:  You must file an

In short - yes you can. A trader should trademark a business name because it provides the right to exclusive use, added protection from competitors, increased value of brand and goodwill as well as adding value to the business itself. It is a common

Just before the Christmas break last year, the Federal Court of Australia handed down an interim decision in the case of Education Broadcaster Adelaide Incorporated v Australian Broadcasting Corporation [1]. The Court granted Education Broadcaster