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...

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...

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...

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