Natalie

New Eligibility Rules for .au domains from April 2021

The .au Domain Administration (auDA) has recently announced changes to the eligibility requirements for .com.au and .net.au domain names to come into effect from 12 April 2021. A registrant of a domain name under the .au top level domain (TLD) must, amongst other criteria, be “Australian”.  Currently, a foreign company will satisfy this criteria if …

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TM TIP 2 – Business Name Registration is NOT the same as a Trademark Registration

If I had a dollar for every time I have heard “but I registered the business name without a problem, why can’t I have the trade mark?” I would be very well-off indeed! This is a common misconception and is the source of much confusion with businesses. Businesses looking to use a brand as their …

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International trade mark protection? What you need to know.

How can local brand owners register trade marks internationally? First and foremost, trademark rights are territorial. Therefore, trade marks should be registered in all territories where the mark is, or will be used. Trade marks can be protected overseas in 2 ways: as an international application via the Madrid Protocol designating at least one country; …

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Australia – Reduction of the period for filing non-use removal applications

The Intellectual Property Laws (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) commenced on 25 August 2018 and implements recommendations that the Productivity Commission made in its inquiry into Australia’s intellectual property arrangements. Of particular note for trade marks is the reduction of the period for filing non-use removal applications. Previously, a …

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Mexico – Amendments to the Industrial Property Law – Trade Marks

On 22 March 2018 the Mexican Senate approved a Decree amending certain articles of the present Industrial Property Law and introducing new trademark provisions. One important change to the law relates to the requirement to lodge Declarations of Actual and Effective Use (DOU) of a registered trade mark. The DOU must be filed within three (3) …

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Amazon Brand Registry – An Australian Seller’s Guide

Late last year Amazon launched in Australia and while its arrival was a little underwhelming, online retailing is posing a number of challenges to brand owners including the ability to deal with the sale of counterfeit goods on Amazon. To assist sellers to protect their brands, Amazon has created the Brand Registry. While this program has been welcomed …

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Amendment to the Address for Service Provisions – New Zealand

On 8 March 2018, amendments to New Zealand’s Trade Mark Regulations 2003 and the Trade Marks (International Registration) Regulations 2012 were entered into force allowing an Australian address to be recorded as the address for service against New Zealand trade marks. Prior to this date, only a New Zealand address could be so recorded. The changes …

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