On what grounds can a trademark be refused in Australia?

In Australia, a trademark can be refused on several grounds including: - where the trademark conflicts with another registered trademark; - where the trademark is misleading or likely to cause confusion; - where the trademark is scandalous (containing obscenity or offensive material); - where the trademark is not capable of distinguishing your product or service.

By |2019-01-17T16:48:35+00:00January 8th, 2019||0 Comments

Why should I bother registering my trademark in Australia?

With an affluent population and good business conditions, Australia is an attractive market for expansion of your business. Registering your trademark in Australia is a vital step in preparing for your entry into the Australian market. If you believe that you may want to reach customers in Australia at any stage in the future, it [...]

By |2019-01-17T17:04:29+00:00January 8th, 2019||0 Comments

What are different types of names? Company name vs business name vs domain name vs trademark?

What is the difference between company name, business name, domain name and brand or trademark? What are different types of company, domain, business or brand names? Let's get the names straight to avoid confusion. Company name: Legal name of the company, either registered federally or in a certain state (or province in Canada). Example: Microsoft Corporation [...]

By |2018-12-01T21:33:45+00:00November 12th, 2018|, , , , , , |0 Comments

Do I need to register a trademark if my business incorporated?

If you simply business incorporate or register a corporate name, it doesn't mean that the government approved for you to use the name as a trademark. If we take a US LLC, as an example, every state has its own laws about business names. You can register your LLC name in Delaware but the business name registration [...]

By |2018-12-01T21:43:36+00:00November 12th, 2018|, , , , , , |0 Comments

Do I have to use my trademark in Australia prior to filing? Do I have to use my trademark after registration?

No use is required for filing or registration in Australia, so long as you have an intention to use the trademark in Australia in the near future. There are no filing bases in Australia just like in the UK and EU. Trademarks must be used in Australia within 3 years of the date of registration. [...]

By |2019-01-08T21:27:19+00:00August 4th, 2018|, |0 Comments

Can I use my trademark if it isn’t registered?

It’s perfectly legal for you to use your trademark without registration. However, if you are using a trademark that is similar to another name that was adopted before you adopted your trademark, you may be liable for trademark infringement. To minimize the risk of choosing a trademark that's similar to another name, you should do [...]

How long is a trademark opposition process?

In different countries trademark opposition process is different. In the US, trademark opposition period is only 30 days, so you have to be pretty fast if you plan to oppose. A trademark opposition in Brazil may be filed by an interested party within 60 days from the date of its publication. In Canada, Australia and [...]

By |2023-04-16T16:26:14+00:00August 4th, 2018|, , , , , |0 Comments

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