What is more ironic than a Trade Mark losing its protection due to its own success? The legal term for this phenomenon is ‘Genericide’, it is a form of abandonment e.g. “when a mark becomes the generic name for the goods or services on or in connection with which it is used.” Badge of origin … Continue reading Genericide or Velcro’s battle to avoid sudden death of their trade mark
Claiming rights to usernames such as for Facebook and Instagram accounts is not always a straight forward exercise. These companies operate and apply a set of different rules; however, there are international trademark rules they have to adhere to. Claiming rights to usernames with Facebook A Facebook username is a unique identifier that appears below … Continue reading Claiming Rights To Usernames: A Case Study Of Facebook And Instagram
You are the Owner of the Trade Mark, “ABC”. However, one day, you discover that a Website has the URL, www.abc.com.au. Does the Website Domain Name Infringe Your Trade Mark? Does the Website Domain Name Infringe Your Trade Mark? In Australian Trade Mark Law, s 120(1) of the Trade Marks Act 1955 (Cth) provides that a Trade … Continue reading Trade Mark vs. Website Domain: Who Wins?
German grocery chain ALDI has approximately 10,000 stores in 18 countries with an estimated combined turnover of more 70 Billion Dollars. The successful company started as “Karl Albrecht Lebensmittel” (eng. “Karl Albrecht Groceries”) in 1948 and has since updated its well-known brand and logo every 10 years. The last logo introduced in 2006 looked outdated … Continue reading Rebranding – How ALDI does it and what we can learn from it
The need for protection of Intellectual Property (IP) has certainly increased since the industrialisation of many industries and their herewith associated development in a country or region on a wide scale. This need culminated in 1873, when foreign exhibitors refused to attend the International Exhibition of Inventions held in Vienna, Austria, for fear their ideas … Continue reading WIPO – World Intellectual Property Organisation
The year has only just begun and companies are starting to return to their usual business. Time to take stock and think about how compliant you are when marketing your goods and services. A business needs to ensure, that it adheres to all relevant regulations to avoid distractions due to customer complaints, disputes raised by … Continue reading Are You Aware of Your Obligations When Marketing Your Goods and Services?
An Innovation Patent, a construct unique to Australia, may be the answer to your cash flow challenges, still achieving your Intellectual Property (IP) protection requirements. IP protection is a non-negotiable for any aspiring company with vision and belief in its products and services. The two types of patents granted in Australia are the ‘standard’ patent … Continue reading Is an Innovation Patent the right choice for you?
Have you properly applied the Nice Classification when registering your trade mark? To understand what the Nice Classification is and does we need to take a step back and remember, a trade mark is a word, slogan or logo that identifies your products or services and separates them from goods and services of other traders. There are registered … Continue reading How nice is your “Nice Classification”?
FROM THE INITIAL IDEA TO A WELL KNOWN TRADE MARK- A LONG WAY TO GO Olaf Kretzschmar IP Consultant/ Registered Foreign Lawyer The so called Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks facilitate International trade mark protection on a global … Continue reading CHAPTER 6 – INTERNATIONAL TRADE MARK PROTECTION – STRATEGY IS ESSENTIAL
FROM THE INITIAL IDEA TO A WELL KNOWN TRADE MARK- A LONG WAY TO GO Due to the workload of IP Australia it normally takes up to 13 weeks until the Australian Patent- and Trade Mark Office is able to attend to examination of a trade mark application. If no obstacles to registration are observed, … Continue reading CHAPTER 5 – THE OPPOSITION PROCEEDING – AN ATTEMPT TO STOP A REGISTRATION AND HOW TO DEAL WITH IT