We regularly receive questions from overseas clients about their local intellectual property (IP) rights.  In fact, we are currently assisting a European manufacturer claw back trade mark rights in New Zealand.  In this case, a manufacturer filed its trade mark in New Zealand and a...

Trade mark legislation in both Australia and New Zealand allows for the removal of a registration if the subject trade mark has not been used within a continuous period of three years. This article serves as a reminder to periodically review use of Australian and New...

There are so many things to consider when launching a new business, product or service. Choosing a trade mark can be a very exciting step, but it is important to get it right from the outset. Firstly, you could put together a list of potential marks...

Applicants should seek registration of their trade mark at the earliest opportunity, particularly as the timeframe for examination increases. At the time of writing, IP Australia is taking an average of six months to examine trade mark applications which are filed in the normal course.  This...

[caption id="attachment_19797" align="alignleft" width="300"] By Geraldine Rimmer - Trade Marks Attorney[/caption] Since the Australian launch of Amazon last year, the Trade Marks Department at MBIP have experienced an increase in client enquiries about how to protect their trade marks when selling on Amazon.  The challenges of...

The Paris Convention has nothing to do with wine, cheese or even prisoners of war.  It's about protecting intellectual property in foreign countries. For Australians, the Paris Convention means that it is possible to apply for registration of your trade mark overseas after the first application (usually...

  Australians are becoming increasingly sophisticated about intellectual property.  It's great to see traders registering their business names (because the government says they have to) and registering those business names as trade marks (because that's the only way they have proprietary rights to the business name). The...

Assuming that you've thought of something that's new and inventive, do you have actually have an "invention" or is it rather the case that you merely have "a new idea"? Although an invention may be very broadly claimed in a patent, it remains the case that patents...

Obtaining trade mark protection in some of Australia’s closest neighbours can be less than straight forward. It's a strange fact that the only way to protect your trade mark in many Pacific island nations is to register your trade mark somewhere else.  The table at the bottom of this post sets out options for a number of Pacific Island Nations. For example, it's not possible to register your trade mark in the Soloman Islands if you first have not registered your trade mark in the United Kingdom. Similarly, Fiji trade mark law makes provision for “re-registration” of a registered United Kingdom trade mark.
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