Articles and Updates

How will the finalised Trans-Pacific Partnership Agreement impact you?

As Australia prepares to ratify the new Trans-Pacific Partnership Agreement in coming weeks, many are wondering what to expect. How will it alter Australia’s existing trade mark laws?  How will it benefit trademark holders? And what will it mean for your business? On 5 October 2015, five years of negotiations culminated in the finalisation of […]

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Do you own your Business Name? Trademarks: What you need to know

A distinctive trademark is the footing for a stellar reputation and the foundation of every successful business. But what exactly is a trademark? What is the relationship between trademarks, company names, business names and domain names?  And why should you register your mark, even if you have been using it for decades? With online activity

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Canada – Implementation of the Nice Classification

In 2014, the Canadian government began a push towards a number of changes to the Canadian intellectual property framework designed to modernise the current practice and to align with international best practices. These changes include: Use of the Nice Classification system – the Nice Classification is the international trade mark classification standard of goods which

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EU – COMMUNITY TRADE MARKS AND THE NICE CLASSIFICATION HEADINGS

Most of you will be aware of the goods and services classification system under the Nice Classification which is applied for the registration of trade marks. There are currently 45 classes of goods and services (34 goods classes and 11 services classes) in the Nice Classification. Each class provides a “class heading” which is a representative

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The Importance of Trade Mark Registration in China

In April 2015, a Chinese court handed down a US$15.8 million dollar judgement against the US shoe manufacturer, New Balance for infringing a third party Chinese character mark. It was held that New Balance has used, knowingly and without authorisation the mark “新百伦” (pronounced as Xin Ba Lun meaning “New Balance” in English) in connection

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CHINA – RECENT CHANGES REGARDING GOODS AND SERVICES DESCRIPTIONS

The Peoples Republic of China Trade Marks Office (TMO) has recently adopted changes in the handling of non-standard descriptions of trade mark goods and services. Direct Filing with the TMO, including priority applications As a result of amendments to the PRC Trade Mark Law, the TMO is required to complete examination of a new application

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Lebanon – Legalisation of Powers of Attorney Required

On 21 March 2015 The Ministry of Economy and Trade in Lebanon declared a revision of the power of attorney requirements. Effective 1 May 2015, all powers of attorney submitted for handling all intellectual property matters in Lebanon by foreign (non-Lebanese) companies must be legalised by the Lebanese consulate. Applications filed prior to this date

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Australian IP Law – IP Australia consultation on streamlining IP Processes

On 20 February a public consultation paper was released detailing a number of new proposals put forward by IP Australia with a view of streamlining Australia’s IP systems. According to IP Australia, there are a number of administrative processes that differ between IP rights which are overly burdensome and take too long to resolve. The

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Accession to the Madrid Protocol: Cambodia – 5 June 2015

On 5 March 2015 the Government of Cambodia deposited with the Director General of the World Intellectual Property Organization (WIPO) its instrument of accession to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (“the Madrid Protocol”). The Madrid Protocol will enter into force, with respect to Cambodia, on 5 June 2015. The instrument

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