As Trade Marks Attorneys far and wide will attest, trade marks which have no descriptive significance are not only easier to register, they also provide the strongest enforceable rights for brand owners. It is always best to choose a distinctive brand for a business. Owners of...

I find it very rewarding to assist clients in identifying, protecting and managing their trade marks.  As I am working exclusively in the trade marks world, I thought it might be helpful to share here some common questions and myths that arise in my day-to-day...

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...

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...

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...

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...

The vast amount of content shared on social media has increased the need for both brand owners and third parties to consider their rights and obligations. A business’s name, logo, tagline or website domain name are often its most important and valuable assets.  Now more than...

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...

  The United Kingdom (UK) officially left the European Union (EU) on 31 January 2020 and then entered into a transition period. Owners of European trade marks and/or designs are reminded that the end of the Brexit transition period is fast approaching.   From 1 January 2021 any...

Translate »