Articles and Updates

You’ve probably seen them both: the little ™ hovering after a brand name, and the ® that signals something more official. But which one should your business be using and what happens if you use the wrong one? For Australian business owners and founders, understanding the difference between these two symbols is more than a […]

You’ve found a talented freelancer. You’ve agreed on a rate and a deadline. You’ve got a project brief ready. But do you have a properly written agreement outlining the use and ownership of your valuable IP. This is a common and expensive mistakes many Australian founders make. While you may pay a contractor to build

Contrary to what many business owners believe, registering a business or company name with the Australian Securities and Investments Commission (ASIC) does not provide exclusive ownership of that name. So, what is the difference?: A business/company name registration simply allows a company to operate under that name. It does not prevent other businesses from using

Artificial intelligence tools are being used by founders, marketers, and startups more frequently to generate brand names quickly. Platforms like name generators and AI writing assistants can produce several potential names in minutes. But one important legal question often gets overlooked: Can you trade mark a brand name that was generated using AI? The short

Launching a new brand without conducting a proper trade mark clearance search is one of the most common and costly mistakes we see as intellectual property lawyers in Australia. A name might look available at first glance, but unless it is legally cleared, you risk objections, oppositions, or even infringement proceedings. This comprehensive guide explains

In today’s competitive market, your most valuable business asset may not be your brand name or logo. It may be the confidential formula, pricing strategy, customer database, supplier terms, manufacturing process, or proprietary software code that gives you a commercial edge. Unlike patents or trade marks, trade secrets are not registered with IP Australia. There

“Alright, alright, alright” and AI misuse. What this trade mark move means for Australian brands. Imagine hearing your brand voice used in an ad you never approved. Or seeing a short clip of “you” speaking on social media, even though you never filmed it. For celebrities, that risk is now very real. For businesses, it

Online sellers operating in Australia are subject to strict obligations under the Australian Consumer Law (ACL). These obligations apply regardless of business size or whether sales are conducted through independent websites, online marketplaces, or social media platforms. Failure to comply with consumer protection requirements may expose businesses to regulatory action, financial penalties, and reputational damage.

Online brand infringement presents serious legal and commercial risks for Australian businesses. With increased digital competition, unauthorised use of brand names, logos, product listings, and online content has become increasingly common. When infringement occurs, businesses may have access to several legal remedies under the common law in Australia, the Australian Consumer Law (ACL) and the

Selling online is now the principal growth channel for thousands of Australian businesses. Marketplaces and social platforms enable rapid scale, but they also expose brands to misuse, counterfeit listings, unauthorised resellers, cloned product pages, and content scraping. Effective protection requires pre-launch strategy, ongoing monitoring, and immediate enforcement tactics tailored to digital platforms. This article covers