Articles and Updates
GLOBAL INSIGHTS ON EVERYTHING IP.
Battle of the Big Cats – Caterpillar Inc v Puma SE [2021] FCA 1014
On 27 August 2021, Caterpillar Inc (Caterpillar) won its appeal against the decision of the Australian Trade Mark Registrar to set aside the opposition ‘procat’ (PROCAT mark) by Puma SA (Puma). Background On 21 October
Use it or lose it – The importance of proper trade mark use
So often we are asked – what trade mark should I register? Do I register the words contained in my trade mark (answer; yes)? Should I also register my logo (answer; yes – but…)? First
Universal Music succeeds in copyright infringement case against Clive Palmer
During the 2019 Federal election, Clive Palmer’s United Australia Party (UAP) campaign featured the song “Aussies Not Gonna Cop It”. The song contained the lyrics “Australia ain’t gonna cop it, no Australia’s not gonna cop
Be aware of US trade mark protection via the Madrid Protocol
The Madrid Protocol is always an attractive alternative to obtaining registration of your trade mark in the US. The primary reason being that an international registration filed via the Madrid Protocol into the US does
Madrid Protocol – The International Trade Mark System – Reminder on Maintenance Requirements in Member Countries
In this article, we discuss the maintenance requirements of member countries of the Madrid Protocol. While most members only require that the international registration be renewed via the World Intellectual Property Office (WIPO) when it
International trade mark protection: First to use or first to file? That is the question.
Further to our article on how to protect your trade marks internationally, an important part of any international brand strategy is to consider where to file your trade mark. This may sound odd; of course
International trade mark protection: How do I file my brand overseas?
This is the first in a series of articles concerning international trade mark protection. In this article we have outlined the ways in which brand owners in Australia can protect their trade marks internationally. How
TRADE MARK PROTECTION IN THE EU – NOT SO “BLACK & WHITE”
In Australia, as in most countries, when filing a device/logo trade mark in black and white, you will be afforded protection for the trade mark not only in black and white but in any colour.
Chinese Language Trade Marks and their Importance
Why are Chinese language marks important? China is Australia’s largest trading partner and for any business, protection of their brands in China should be carefully considered. However, when it comes to China, many Chinese consumers
Proposed changes to the Australian designs law – what you need to know
What is a registered design? A registered design right protects the overall visual appearance of a new and distinctive product such as shape, colour, configuration, pattern and/or ornamentation. However, a registered design does not protect