News and Insights

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

Key issues: Trident Seafoods attempted to have Trident Foods’ trade mark removed for non-use in order to register their own logo under the same class. The basis for this claim relied upon the fact that Trident Foods had been exclusively using th

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

You’ve just developed a new mobile phone – it’s both unique in appearance and works like no other mobile on the market. So how do you go about preventing others from copying the look and workings of your invention? While the Australian design

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

Why is it important? A patent is a legally enforceable right of ownership for a device, substance, method or process. You can obtain a patent to protect your invention so long as it is new, useful and inventive or innovative. It will give you the rig

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 2009, Gallo Winery successfully showed that Lion Nathan had infringed their ‘BAREFOOT WINE’ trademark by marketing ‘BAREFOOT RADLER’ beer. If this sounds a little too familiar to you, you may be a victim of trademark infringement. What i

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

Trademarks are recognised signs, such as words and logos, which distinguish your products or services from that of others.  A registered trademark, as governed by the Trade Marks Act 1995 (Cth), gives the owner exclusive rights to use their tradem