Articles and Updates

Trade Mark Housekeeping – The Importance of Regular Trade Mark Audits

Trade marks are a valuable business asset and although they are intangible they can add significant value to a business. It is therefore important that you treat trade marks in the same way you would any other asset of your business. Trade mark records should be regularly audited to ensure existing trade marks are up …

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United Arab Emirates’ accession to the Madrid Protocol

On 28 December 2021, the United Arab Emirates (UAE) acceded to the Madrid Protocol. This makes it the 109th member of the Madrid System. The UAE’s accession further strengthens the Madrid System’s status as a critical component of protecting marks globally, offering a convenient and cost-effective solution for brand owners worldwide and in the Middle …

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The importance of proof of authorised use in non-use trade mark actions

Very little use of a trade mark is required to defeat a non-use application in Australia. In fact, a single, genuine sale of the relevant goods or services during the relevant period is usually enough to defend a non-use application. Furthermore, there’s no requirement for the use to be continuous across the relevant period. That …

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New .au domain names coming to Australia

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 …

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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 2016 (Relevant Date), Puma applied for the registration of PROCAT for goods in classes 18 and 25 including apparel, footwear, …

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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 it, Aussies not gonna cop it any more”. Universal launched copyright infringement proceedings against Mr Palmer in 2019 on the …

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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 not require use of the trade mark before it is registered. Conversely, use is required for a national US trade …

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