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...
In a long overdue response to the Review of the Designs System – Final Report prepared by the now defunct Advisory Council in Intellectual Property (ACIP) in 2015, IP Australia has announced the introduction of a 12 month grace period from the priority date of...
Brands are creatively catering to the growing vegetarian trend. Research conducted by Roy Morgan has found that 2.5 million people (12.1% of the population) in Australia are now eating all or almost all vegetarian. Award-winning chef Alejandro Cancino (who happens to follow a vegan lifestyle) has created 4 tasty, high-quality meat-free...
In a long sought win for patentees, in Aristocrat Technologies Australia Pty Limited v Commissioner of Patents [2020] FCA 778, Justice Burley of the Federal Court has found that the claims of a group of innovation patents directed to electronic gaming machines (EGM) claim patentable...
Queensland Day is coming up on the 6th June. It is an opportunity to commemorate the state’s culture, heritage, people, places and industry. The date marks the official separation from New South Wales as an independent colony on 6 June 1859. For our international friends, the...
[caption id="attachment_24568" align="alignnone" width="480"] Glass Outlet's Spigot Insulator[/caption] Key points: A certified innovation patent is one effective, fast and relatively inexpensive option for deterring copycats and competitors Avoid selling or disclosing your invention until after patent protection has been sought 25 August 2021 is last possible filing date for new...
When you’re ready to apply for a patent, it can be beneficial to get advice from an attorney. Australian Patent attorneys are specialists in this area of the law and they will be able to guide you through the requirements for patenting your product and answer any...
In April we shared an update regarding the Australian Patent & Trade Marks Office’s (IP Australia) announcement that they would offer customers impacted by the COVID-19 outbreak with free three month extensions of time on most deadlines. At the time they stated that waiving of extension...
Photo: https://www.instagram.com/corkandchromabrisbane/ Cork & Chroma is Queensland’s first paint and sip studio, with their flagship creative space launched in Brisbane in 2013. The business runs regular painting sessions for adults of all skill levels, where attendees are guided step-by-step by an artist to create their own...
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...