At the end of August 2021, the new Fijian Trademarks Act 2021 (New Act) was gazetted, with a commencement date set to be announced in “the very near future”. This will replace the nearly century-old Fijian Trademarks Act 1933 (Act). The current Act is based on the UK Trademark Act of 1905. Despite the current …
From 24 March 2022, new .au domain names will be available for individuals and businesses with an Australian presence. The new .au domain features are: The name of choosing will be directly before the .au (e.g. yournamehere.au) The domain name does not have to match the name of the goods or services provided or the individual or business name The .au namespace will allow for shorter …
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 2016 (Relevant Date), Puma applied for the registration of PROCAT for goods in classes 18 and 25 including apparel, footwear, …
Battle of the Big Cats – Caterpillar Inc v Puma SE [2021] FCA 1014 Read More »
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 and foremost, the broadest protection you can obtain from a trade mark registration is a word trade mark. Plain block …
Use it or lose it – The importance of proper trade mark use Read More »
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 it, Aussies not gonna cop it any more”. Universal launched copyright infringement proceedings against Mr Palmer in 2019 on the …
Universal Music succeeds in copyright infringement case against Clive Palmer Read More »
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 not require use of the trade mark before it is registered. Conversely, use is required for a national US trade …
Be aware of US trade mark protection via the Madrid Protocol Read More »
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 falls due (10 years from lodgement), some member countries have additional maintenance requirements. The Madrid Protocol has in recent years …
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 you will want to file your trade mark in countries where you are using, or will use your trade mark …
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 can local brand owners register trade marks internationally? First and foremost, trademark rights are territorial. Therefore, trade marks should be …
International trade mark protection: How do I file my brand overseas? Read More »
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. In fact, if you want your trade mark to be protected for specific colours in Australia, you must apply for …
TRADE MARK PROTECTION IN THE EU – NOT SO “BLACK & WHITE” Read More »
brandU Legal is a specialist intellectual and trade mark law firm based in Sydney Australia. Our expertise is in branding and trade mark law and portfolio management with particular focus on international trade mark law and procedure.
At brandU Legal, your brand is our business™.