In Australia, many business owners assume that registering a business name with the Australian Securities and Investments Commission (ASIC) automatically grants them exclusive rights to the name. But in truth: it doesn’t. If you want to truly protect your brand, registering a business name is just the start, not the finish line. At brandU Legal, […]

For businesses expanding across borders, protecting a brand internationally is crucial. A common question we hear is: “Can I file just one trade mark that covers the every country?” It’s a fair question and a hopeful one. After all, wouldn’t it be convenient if a single application granted trade mark protection in every country? Unfortunately,

The Canadian Intellectual Property Office (CIPO) has launched a pilot program aimed at reducing the number of unused trademarks on the Register of Trademarks. Section 45 of the Trademarks Act Under section 45 of the Trademarks Act, anyone – including CIPO – can request the removal of a trademark registration from the Register on the

The China National Intellectual Property Administration (CNIPA) has introduced new rules for requesting non-use cancellation of a trademark. These rules have been implemented to minimise malicious cancellation attempts and reduce the administrative burden on both trademark owners and the CNIPA. Key Changes Previously, if a non-use cancellation request was filed, the burden of proof was

Introduction Businesses and individuals must remain vigilant against fraudulent activities that threaten their intellectual property (IP) rights. A rise in sophisticated scams involving fake IP firms issuing fraudulent demands highlights the need for awareness and proactive measures to protect trade marks and other IP assets. Identifying the Scam Scammers impersonate legitimate IP firms, sending emails

Introduction The increasing use of artificial intelligence (AI) in creative processes raises legal issues, particularly concerning copyright protection. The US Copyright Office has clarified that AI-generated content may qualify for copyright protection, provided there is sufficient human involvement. Understanding the criteria and implications is essential for businesses and individuals seeking to protect their intellectual property.

Effective 1 October 2024, IP Australia will introduce significant changes to its fee structure, as outlined in its Cost Recovery Implementation Statement (CRIS). These changes impact the costs associated with patents, trade marks, designs, and plant breeder’s rights. While some filing fees remain unchanged or have decreased, such as for trade marks and designs, many

In addition to traditional trade marks such as words and logos, businesses and designers alike often ask whether it is possible to protect the design of their product by way of registration. In Australia, two key mechanisms for safeguarding visual aspects of products are registered designs and 3D trade marks. Though they may appear similar

In the United States, registering a trade mark involves several important considerations, one of which is selecting the appropriate filing basis. The filing basis determines the legal foundation upon which the application is submitted to the United States Patent and Trademark Office (USPTO). Each basis reflects a different stage in the trade mark’s use and