Seeking trade mark registration in the USA?  There’s good news if your trade mark lacks distinctiveness! It is a core principle of trade marks that an application will be rejected if the mark lacks distinctiveness. That is, if an Examiner deems that the trade mark is...

𝗥𝗼𝘂𝗻𝗱 𝟰 𝗼𝗳 𝘁𝗵𝗲 𝗠𝗮𝗱𝗲 𝗶𝗻 𝗤𝘂𝗲𝗲𝗻𝘀𝗹𝗮𝗻𝗱 (𝗠𝗜𝗤) 𝗣𝗿𝗼𝗴𝗿𝗮𝗺 𝗶𝘀 𝗻𝗼𝘄 𝗼𝗽𝗲𝗻. Eligible SMEs can apply for grants between $50 000 and $2.5 million and will be reimbursed up to 50 per cent of the Eligible Project costs. Regional manufacturing projects with a value of...

A recent Australian Federal Court Decision on Design Registrations which reversed an initial decision by the Registrar of Designs has shed light on the issue of confidential disclosures by email.   Background On 16 February 2015, Sun-Wizard filed a request under s63 for the Registrar to examine the registered design....

With Easter fast approaching, and eggs and bunnies tempting us everywhere we look, chocolate trade marks are front and centre of a great deal of marketing material at present! Many of our major confectionery brands have protected their non-traditional trade marks such as colour trade marks...

We are delighted and proud to announce that Michael Buck IP has been named as a winner in the Beaton Consulting + Research Client Choice Awards 2021.  For the second year in a row we have won the Best Specialist IP & Related Services Firm (<$20m revenue) category.   Though it has...

Key takeaways:   Historically, patent marking involved physical marking of products or devices;  Virtual patent marking is relatively new, and Patent Acts should be reviewed in respect of jurisdictions;  For patent owners, patent marking has significant benefits including making it difficult for an infringer to argue innocent infringement where the products have    ...

In Repipe Pty Ltd v Commissioner of Patents [2021] FCA 31 (Repipe No 3) the Federal Court of Australia refused Repipe Pty Ltd (Repipe) leave to file a Second Amendment Application and also dismissed the First Amendment Application. This decision supports the Commissioner’s position that amendments...

Identifying new uses to existing drugs is not uncommon. In fact, repurposing existing drugs to treat disorders other than its initially-approved indication holds real potential in providing patients options when access to other effective treatments is unavailable. When a drug is repurposed, its safety profile,...

On 12 April 2021, a new set of rules for the .au country code top level domain (ccTLD) comes into effect. All .au ccTLD domain names registered or renewed on or after this date will be subject to the new licensing rules. Currently, to be eligible...

Double patenting is the granting of two patents for a single invention to the same Applicant in a single country. Double patenting is not allowed because two patents for the same invention cannot be granted to the same Applicant. This article goes through the differences...

We are pleased to announce that our firm has again been listed among the top Australian firms for trade mark prosecution and strategy in the 2021 World Trademark Review (WTR) WTR1000 list. This ranking reflects the continued dedication of our trade marks Attorneys, Kellie Jukkola, Associate...

Following decisions by the Federal Court and the Full Federal Court of Australia, the High Court has delivered its verdict on the question of whether the refilling and reselling of used printer cartridges infringes patents directed to the cartridges. The Seiko Epson Corporation is the patentee...

The Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 (“the Bill”) was introduced into the Senate on 2nd December 2020. As reported in our earlier article, the Advisory Council on Intellectual Property (“ACIP”) had released its Final Report after investigating the current Australian designs system. The...

IP Australia’s streamlined process to provide free extensions of time to customers impacted by COVID-19 continues. Australia's IP Office have advised that the deadline has been further extended until 28 February 2021. This period could be extended further, and IP Australia have said they will...

The Ceres Tag is a comprehensive animal monitoring system and the world’s only direct-to-satellite smart geo-location ear tag, developed right here in Australia. In exciting news, Ceres Tag recently won the SVG Ventures Thrive Australia Challenge announced in Silicon Valley which was a great achievement,...

In a previous blog post we mentioned the issue of trade mark scams. Domain name scams are also an ongoing concern and can be even harder to detect as fake notices can often appear to be legitimate. Commonly also known as domain name squatters or cyber...

Applications for round 2 are now open for co-funding grants of between $100,000 and $1 million, up to 25 per cent of eligible project expenditure. This government initiative aims to assist Australian manufacturers to scale-up and improve their competitiveness and resilience by adopting new technologies. It...

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