Michael will be in Seattle to attend the 140thAnnual Meeting of the International Trademark Association in May, and will be available to meet during this time. The INTA meeting is the world’s largest and most widely attended trademark event, providing the opportunity for IP professionals to...

  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...

I'm very pleased to announce that Andy Mukherji has joined MBIP. Andy is a registered Australian and New Zealand patent attorney with a PhD in chemical engineering and a science degree in physics. Andy's an excellent communicator and, I'm discovering, has a highly developed sense...

Although there are a few exceptions, the US Patent and Trademark Office (USPTO) generally requires that a trade mark applicant provides evidence that the mark has actually been used in the USA before the certificate of registration can actually issue.  Another country that has a similar requirement is Canada.  In addition to providing evidence of use before registration, some countries also require that evidence of use be provided at some stage after registration, usually before the registration can be renewed. You'll be interested to learn that in Australia there's no requirement that an applicant must show evidence of actual use, either before registration or renewal of an Australian trade  mark. Although there's no requirement to show evidence of use there is a mechanism for third parties to apply for removal of a trade mark registration if they believe that the owner of the trade mark, or its authorized user, hasn't been using the trade mark.  The baseline requirements for a non-use removal application are that the registration in question must have been in force for at least five years and that it hasn't been used as a trademark in the preceding three years.

It's been an exciting time for us. When I say "us" I mean my dear wife and helper here Megan and me and also Nel, who's recently joined us and is giving us a hand on the admin side of things. Exciting because we've just...

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