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...
In-N-Out Burgers, Inc. v Hashtag Burgers Pty Ltd [2020] FCA 19 Sydney-based business Hashtag Burgers Pty Ltd has been back in Court this month, defending the use of “Down-N-Out” on its burgers and restaurants. The trade mark battle with US brand In-n-Out Burger earlier determined that...
In October 2019, anonymous artist Banksy set up pop-up shop Gross Domestic Product in Croydon, south London in response to an invalidity action filed against a trade mark. “A greetings card company is contesting the trademark I hold to my art,” Banksy said in a statement....
With more people shopping online than ever, consumers are relying on online retailers and service providers for their purchases. Unfortunately, the convenience of online shopping comes with challenges; the costs to Australian businesses due to counterfeit products are increasing. The Australian government hopes to promote confidence in...
The concept of use arises frequently in trade mark matters. In this post, we outline when you might need to provide evidence of use, what the evidence needs to show and what kind of evidence to provide. There are several scenarios where evidence of use may...
An Australian trade mark registration only secures your rights within Australia. To protect your brand in other countries, there are 2 options: 1. File a single international application via the Madrid Protocol, or 2. File national applications directly into each country of interest. Australia is party...
Key points: Objections likely if marks are clearly descriptive – may include already common slang Filing with no clear intention to use at the time of filing is not a good plan Resulting registration may not be easy to enforce In the last few months you may have...
Distinctiveness is important because it impacts everything from the registrability of your trade mark, to its scope of protection, to enforceability and its continuing validity once registered. Unfortunately it is something that can be overlooked by brand owners. It is a fundamental principle of trade mark law...
The United States Patent and Trademark Office (USPTO) issued new Rules and Regulations which will take effect on 15 February 2020. The new guide, entitled ‘Mandatory Electronic Filing and Specimen Requirements’, has a number of changes including new exceptions for filing paper submissions, and confirmation of...
As US trade marks holders will know, the US Patent and Trademark Office (USPTO) requires validation of trade marks at 6 and 10 years following registration. This is achieved by lodging evidence showing that at least one item included in each class of the registration...