Did you know? The top 5 destinations for Australians to file their Trade Marks in order of popularity are: China; the United States (US); New Zealand; the European Union; and Singapore. Destination #2: The US The US is the number one largest market in the world. It produces a GDP of $18 trillion, has the … Continue reading Trade Mark protection in the US
Did you know? The top 5 destinations for Australians to file their Trade Marks in order of popularity are: China; the United States; New Zealand; the European Union; and Singapore. Destination #1: China China has the 2nd largest market in the world. It has a population of almost 1.4 billion, a middle class that has … Continue reading Trade Mark protection in China
Taronga Zoo may be losing its unofficial title Sydney Zoo as a rival has lodged a trademark application over it. Next time when you search Sydney Zoo online to purchase tickets, or use GPS to find the best route there, you will probably want to be careful as you might just end up in the … Continue reading Taronga Zoo may be losing its unofficial title Sydney Zoo
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
Congratulations! Being a smart business owner, you managed to build your intellectual property portfolio and register your brand as a trade mark. By nurturing and maintaining the brand, you will turn it into a money-making machine, that drives cash into your pocket, even when you are retired. As there is never a free lunch, hard … Continue reading WATCH OUT! HOW TO MAINTAIN YOUR TRADE MARK
There’s nothing more iconic than a red 1984 Testarossa Ferrari roaring on a winding Italian county road. However, a German court ruled last week that Ferrari no longer has any right to use the Testarossa brand due to non-use of the trade mark. Testarossa, meaning “red head” in Italian, began production in 1984. The model … Continue reading Testarossa, and How Ferrari Lost Its Most Famous Car Through Non-Use
Hashtag Trade Marks, the latest craze. A hashtag is a word or phrase preceded by the symbol ‘#’ that classifies or categorizes the accompanying text. It is an identifier commonly used for communication on social media platforms such as Twitter, which started the trend in 2009. Initially it was used to group discussion on certain … Continue reading Hashtag Trade Marks #ProtectYourIP
The current craze spinning into all our stores and schools may have a more twisting origin story than one might expect. While the fidget spinner only really came into popularity early this year, Catherine Hettinger invented what could be the earliest version of the toy, as far back as 1993. The Origin of the Fidget … Continue reading Was the Inventor of the Fidget Spinner Robbed?
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?