General

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

In today’s fast-moving business world, ideas travel fast and so do copycats. As we move into 2026, protecting what makes your business unique is no longer optional. A strong intellectual property (IP) strategy has become essential for businesses of all sizes, across every industry. Whether you’re a startup, an established brand, or scaling into new

The World Intellectual Property Organization (WIPO) has confirmed that the 13th edition of the Nice Classification will take effect on 1 January 2026. WIPO Below is a summary of what’s changing, plus the steps you can take now to keep new filings and your brand protection strategy on track. What is the Nice Classification? The

As an Australian IP lawyer with over 20 years of experience, I’ve never seen a faster rise in accidental trade mark infringement than what we’re seeing today and AI tools are a major reason why. AI has made branding, design, naming, and content creation accessible to everyone. But with that convenience comes a hidden danger.

Artificial intelligence tools have become a daily resource for Australian businesses. From brainstorming brand names to researching legal questions, AI feels fast and convenient. But when it comes to trade mark registration, relying on AI can expose your business to significant legal and commercial risks. As an Australian IP lawyer with almost 25 years of

As an Australian IP lawyer with over 2 decades of experience specialising in global brand protection, I’ve watched brand protection evolve significantly but nothing has reshaped the legal landscape quite like artificial intelligence. From automated clearance searches to monitoring global infringement in real time, AI tools are redefining how businesses protect their trade marks. However,

As an Australian IP lawyer with over 20 years of experience, I’ve never seen a faster rise in accidental trade mark infringement than what we’re seeing today and AI tools are a major reason why. AI has made branding, design, naming, and content creation accessible to everyone. But with that convenience comes a hidden danger.

When we think of trade marks, we usually picture brand names, logos, or slogans. But in Australia, colour itself can also be a trade mark. So yes, it is possible to legally “own” a colour, however the law does not allow you to claim rights to a colour for all goods and services. Instead, a

AI design tools like Midjourney, DALL·E, Canva AI, and Looka have become incredibly popular for creating brand visuals especially among startups wanting to move fast and keep costs down. Within minutes, these platforms can generate hundreds of logo options based on a simple prompt. But here’s the problem: Just because you generated the logo, does

Artificial intelligence (AI) has transformed how we create, from generating stunning digital artworks to composing music and writing poetry. But as machines start creating what was once uniquely human, a pressing question arises: who owns the copyright in the work created? AI and the Australian Copyright Framework In Australia, copyright law protects “original works” created

When you hear the Intel chime, see the Netflix “ta-dum” animation, or recognise a brand’s unique motion logo such as the Toyota jump, you’re witnessing the power of non-traditional trade marks. As brands evolve beyond static logos and words, sound and motion trade marks are becoming a crucial part of modern brand identity. What Are

When you start a business, one of the first things you’ll need is a name. But here’s where it often gets confusing. Registering a business name is not the same as owning a trade mark. They serve different purposes, and understanding the difference is crucial if you want to protect your brand properly. Business Name:

The metaverse is no longer a futuristic concept. It is already reshaping how consumers interact with brands. From virtual real estate to digital fashion and immersive gaming environments, businesses are discovering new opportunities to engage with their audiences. But with opportunity comes risk. As more commercial activity shifts into virtual spaces, protecting your brand with

Artificial Intelligence (AI) is reshaping industries worldwide, and intellectual property (IP) law is no exception. From AI-generated artworks to machine-learning-driven product innovations, businesses are increasingly asking: how do we protect our intellectual property in the age of AI? At BrandU Legal, we specialise in helping businesses adapt to evolving IP landscapes. In this article, we’ll

Moving on from Part 1 of this series concerning stock photos and images and the rights to those images, what happens when you commission someone to create a design on your behalf? Who owns the copyright in those designs? When you pay a design agency to create a logo, website, or brand identity, you might

When it comes to branding and marketing, visuals are everything. Businesses often turn to stock photos and design templates because they’re fast, affordable, and accessible. But using them raises an important question: Who actually owns the rights to those images, and what happens if you modify them? Copyright law plays a big role here and

Your brand is more than just a logo or name, it’s an asset. A registered trade mark doesn’t just protect your identity; it can also open the door to entirely new revenue streams through licensing. In this guide, we’ll explain what trade mark licensing is, how it works in Australia, and how you can use

Whether you’re launching a startup, designing a product, or building a brand, protecting your intellectual property (IP) is essential to safeguarding your business. But knowing when to contact an intellectual property lawyer in Sydney can make all the difference between proactive protection and costly legal battles. In this blog, we’ll walk through the most common

Manufacturing in China can be a smart business move. The country offers skilled labour, advanced facilities, and competitive costs. But while the opportunities are significant, so are the risks — especially when it comes to protecting your brand. One of the most common (and costly) mistakes foreign companies make is starting production in China before

Starting and running a business in Australia is an exciting journey but it also comes with a long list of legal responsibilities. From registering your business and protecting your brand to drafting solid contracts and navigating regulations. Staying compliant isn’t just a smart move, it’s essential. That’s where BrandU Legal comes in. As a trusted

In today’s competitive landscape, your business idea is one of your most valuable assets. But what if someone takes that idea and runs with it—without your permission? Whether it’s a former colleague, a competitor, or someone you casually shared it with, idea theft can be devastating. Here’s what happens if someone steals your business idea

Receiving a cease and desist letter (sometimes called a letter of demand) alleging trade mark infringement can be both unexpected and unsettling—particularly when you have only recently begun using the trade mark in question. In Australia, such correspondence is typically issued by a trade mark owner who believes that your use of a name, logo,

Whether you’re launching a startup, designing a product, or building a brand, protecting your intellectual property (IP) is essential to safeguarding your business. But knowing when to contact an intellectual property lawyer in Sydney can make all the difference between proactive protection and costly legal battles. In this blog, we’ll walk through the most common

Summary Why You Shouldn’t Ignore a Trade Mark Conflict You’re gearing up to launch, your logo’s polished, the website’s ready, and your marketing materials are finalised — then you find it: a registered trade mark (or business name) that looks dangerously close to yours! It’s tempting to push ahead anyway. After all, what are the

Why Trade Marking Matters Early Starting a new business is exciting and branding is a huge part of that. Your business name, logo, or slogan are often the first things your customers will see, and these elements help you stand out in the market. But if they’re not protected, someone else could use (or register)

If you’ve recently received an Adverse Report from IP Australia regarding your trade mark application, your first reaction might be one of frustration or confusion. After all, you’ve taken the time to develop a brand name or logo that reflects your business identity—only to be told there’s a problem with protecting it. But don’t panic.

In Australia, many business owners assume that registering a business name with the Australian Securities and Investments Commission (ASIC) automatically grants them exclusive rights to the name. But in truth: it doesn’t. If you want to truly protect your brand, registering a business name is just the start, not the finish line. At brandU Legal,

In today’s fast-paced and competitive market, your brand is more than just a name or a logo—it’s your identity, your reputation, and your most valuable business asset. That’s why securing it through a registered trade mark is not just a legal formality, but a crucial step in protecting the future of your business. However, before

Imagine scrolling through social media or doing a routine Google search, only to discover someone in Australia is using your brand name—or something confusingly close to it. Whether it’s on packaging, in a business name, or as a domain, your heart sinks. Before panic sets in, take a breath. Brand misuse or infringement can feel

In today’s global economy, businesses aren’t just thinking local they’re thinking worldwide. Whether you’re selling via e-commerce, entering new markets, or expanding manufacturing and distribution overseas, protecting your trade mark internationally is no longer optional. It’s essential. At BrandU Legal, we specialise in navigating the international landscape of intellectual property. With decades of experience across

Intellectual property (IP) disputes can arise unexpectedly, and when they do, they often strike at the heart of what makes your business unique, your brand, your ideas, your creative work. Whether you’re being accused of infringement, or someone else is misusing your trade mark, designs, or copyrighted material, knowing how to respond is critical. At

For businesses expanding across borders, protecting a brand internationally is crucial. A common question we hear is: “Can I file just one trade mark that covers the every country?” It’s a fair question and a hopeful one. After all, wouldn’t it be convenient if a single application granted trade mark protection in every country? Unfortunately,

You’ve brainstormed, refined, and finally landed on a business name or logo that feels just right. It captures your brand perfectly. But before you invest in websites, marketing, packaging, or signage, there’s a crucial question to answer: Is your name or logo actually available to use? At brandU Legal, we see too many businesses rush

The Canadian Intellectual Property Office (CIPO) has launched a pilot program aimed at reducing the number of unused trademarks on the Register of Trademarks. Section 45 of the Trademarks Act Under section 45 of the Trademarks Act, anyone – including CIPO – can request the removal of a trademark registration from the Register on the

The China National Intellectual Property Administration (CNIPA) has introduced new rules for requesting non-use cancellation of a trademark. These rules have been implemented to minimise malicious cancellation attempts and reduce the administrative burden on both trademark owners and the CNIPA. Key Changes Previously, if a non-use cancellation request was filed, the burden of proof was

Introduction Businesses and individuals must remain vigilant against fraudulent activities that threaten their intellectual property (IP) rights. A rise in sophisticated scams involving fake IP firms issuing fraudulent demands highlights the need for awareness and proactive measures to protect trade marks and other IP assets. Identifying the Scam Scammers impersonate legitimate IP firms, sending emails

Introduction The increasing use of artificial intelligence (AI) in creative processes raises legal issues, particularly concerning copyright protection. The US Copyright Office has clarified that AI-generated content may qualify for copyright protection, provided there is sufficient human involvement. Understanding the criteria and implications is essential for businesses and individuals seeking to protect their intellectual property.

Effective 1 October 2024, IP Australia will introduce significant changes to its fee structure, as outlined in its Cost Recovery Implementation Statement (CRIS). These changes impact the costs associated with patents, trade marks, designs, and plant breeder’s rights. While some filing fees remain unchanged or have decreased, such as for trade marks and designs, many

In addition to traditional trade marks such as words and logos, businesses and designers alike often ask whether it is possible to protect the design of their product by way of registration. In Australia, two key mechanisms for safeguarding visual aspects of products are registered designs and 3D trade marks. Though they may appear similar

In the United States, registering a trade mark involves several important considerations, one of which is selecting the appropriate filing basis. The filing basis determines the legal foundation upon which the application is submitted to the United States Patent and Trademark Office (USPTO). Each basis reflects a different stage in the trade mark’s use and

Are you considering expanding your brand internationally? If so, establishing a robust global trade mark strategy is essential for protecting your brand across various markets and jurisdictions. A well-crafted strategy ensures consistency, recognition, and legal protection for your trade marks worldwide.  Here’s a concise guide on how to prepare an effective global trade mark strategy:

In today’s globalized economy, protecting intellectual property rights, particularly trademarks, is paramount for businesses seeking to establish and expand their brands internationally. Trademark registration can be pursued through two main avenues: the Madrid Protocol and national filings. Each method offers distinct advantages, catering to different strategic and operational needs of businesses. The Madrid Protocol: Streamlined

In the realm of intellectual property, copyright and trademarks are two distinct legal concepts that serve different purposes and offer unique protections to creators and businesses. In this article, we explore the differences between the two. Copyright: Protecting Creative Works Copyright law primarily pertains to creative works such as literary, artistic, musical, and dramatic creations.

In the dynamic landscape of global commerce, trade marks serve as invaluable assets, distinguishing products and services while safeguarding brand identities. However, amidst the benefits of trade mark protection lies a significant challenge known as “trade mark squatting”. Trade mark squatting occurs when individuals or entities register trade marks that rightfully belong to others, often

On 24 May 2024, member states of the World Intellectual Property Organization (WIPO) unanimously approved a groundbreaking new treaty concerning intellectual property (IP), genetic resources, and associated traditional knowledge. This landmark achievement concludes decades of negotiations and marks a significant milestone in international law. Ambassador Guilherme de Aguiar Patriota, the President of the Diplomatic Conference

On 1 January 2024, a new version of the 12th Edition of the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification) will come into effect. The 45 classes of goods and services have been updated (the updated version can be found on the World Intellectual Property Organisation

This article explores the responsibilities tied to member countries of the Madrid Protocol concerning trademark maintenance. Although the majority of the member countries typically require international registrations to be renewed every 10 years from the initial filing date, some member countries impose additional maintenance criteria. In recent years, the popularity of the Madrid Protocol has

We are absolutely thrilled to share that brandU Legal has been honoured with a prestigious accolade at the 2023 Legal Awards by APAC Insider.  Recognizing Excellence Across the APAC Region The APAC Insider’s 2023 Legal Awards are a testament to the extraordinary dedication and unparalleled excellence exhibited by law firms throughout the Asia-Pacific (APAC) region.

Why do I need to protect my trade mark overseas? First and foremost, trademark rights are territorial. Therefore, trade marks should be registered in all territories where the mark is, or will be used. Put simply, delay in filing your trade mark may result in having to re-brand in some countries. This can be a time

What is Copyright? Copyright is a form of intellectual property that protects literary, dramatic, musical and artistic works amongst other things and allows the creator of the “work” to control how it is used. For trade mark owners, copyright automatically applies to stylised word trade marks, logos and devices. Copyright is automatic meaning once the

Previously we have posted an article on the importance of using the correct trade mark to avoid non-use removal actions in Australia but, by way of an update to this article, it is also important to remember that trade mark use is jurisdictional and in order to maintain a registered trade mark, trade mark owners

Hold on to your pixels and prepare for a digital roller-coaster ride because we’re about to do a deep dive into the world of Non-Fungible Tokens (NFTs). NFTs have taken the investment and art world by storm, making memes into masterpieces and JPEGs as valuable as Picasso paintings. However, if you have an NFT, how

In the realm of intellectual property law, the term “get-up” or “trade dress” refers to the visual appearance of a product that makes it stand out it in crowd. We’re talking about any visual element that makes a product or packaging distinctive, including shape, configuration, colour, texture etc. Think of it as your product’s red-carpet

Send us an email if you have a trade mark question not answered below. The information below is general in nature. If you have a question concerning your specific circumstances or require any other assistance with your brand, please get in touch. Do I need to register a trade mark to protect my brand? In

On 24 February 2023, the Government of Belize became the 113th member to join the Madrid Protocol. Brand owners will be able to file new international registrations designating Belize from this date and for those brand owners with existing international registrations, subsequent designations for Belize will also be available. If you require assistance with registering

On 7 December 2022, Saudi Arabia became the 122nd member to accede to the Convention Abolishing the Requirements of Legalization for Foreign Public Documents, commonly referred to as the “Apostille Convention”. The accession allows documents originating in Saudi Arabia, including education certificates and birth certificates, as well as documents which have been legalised according to

On 6 February 2023, the Government of Mauritius acceded to the Madrid Protocol. This makes it the 114th member of the Madrid System. The Madrid Protocol will enter into force for Mauritius on 6 May 2023. Australian brand owners will be able to file new international registrations designating Mauritius from this date and for those

In October 2022, the World Intellectual Property Organization (WIPO) announced that the 12th edition of the Nice Classification will come into force on 1 January 2023. For those of you who are not aware of the Nice Classification, this is the international system for classifying goods and services for registering trade marks. What are the main

A trade mark licence is an agreement between the owner of a trade mark (licensor) and a person wishing to use the trade mark (the licensee) in a territory. The agreement will grant permission to the licensee to use the trade mark on mutually agreed terms and conditions contained in the agreement. There are many

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

On 4 April 2022, the Government of Republic of Chile acceded to the Madrid Protocol. This makes it the 111th member of the Madrid System. The Madrid Protocol will enter into force for the Republic of Chile on 4 July 2022. Australian brand owners will be able to file new international registrations designating Chile from

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

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

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,

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

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

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

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

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

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 have a limited knowledge of the Latin alphabet. In fact, according to the World Population Review, the current population is around 1.4

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 the function of a product – only its visual appearance. The current Designs Act 2003 (Cth) contains a number of

Since 2016, news of Brexit has dominated headlines but in the past 12 months Brexit has disappeared from the front page as COVID began dominating our newsfeed.  However, Brexit has been quietly ticking along behind the scenes. The UK’s exit from the EU came into effect on 31 January 2020 and a transition period was

The .au Domain Administration (auDA) has recently announced changes to the eligibility requirements for .com.au and .net.au domain names to come into effect from 12 April 2021. A registrant of a domain name under the .au top level domain (TLD) must, amongst other criteria, be “Australian”.  Currently, a foreign company will satisfy this criteria if

Fiji’s current trade mark law is based on British trade mark legislation enacted nearly a century ago and therefore it is well overdue for an overhaul. Currently, the Act provides for independent registration of trade marks in respect of goods but not services or registration as of rights based on United Kingdom registrations. Goods are

If I had a dollar for every time I have heard “but I registered the business name without a problem, why can’t I have the trade mark?” I would be very well-off indeed! This is a common misconception and is the source of much confusion with businesses. Businesses looking to use a brand as their

So, you have come up with a great new brand name or logo. It is unique and no one else has it. Well done! What next? The next step (and one which is often forgotten) is to apply for your trade mark as soon as possible. This will ensure that your new brand or logo

On 27 December 2019, the new Malaysian Trademarks Act 2019 (Act) will be implemented and on the same day, Malaysia will accede to the Madrid Protocol. A number of significant changes have been made under the new Act including: multi-class applications will now be allowed in Malaysia; registration of non-traditional trade marks, including shape trade

Why do I need to protect my trade mark overseas? First and foremost, trademark rights are territorial. Therefore, trade marks should be registered in all territories where the mark is, or even will be used. Put simply, delay in filing your trade mark may result in having to re-brand in some core countries. This can

The Intellectual Property Laws (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) commenced on 25 August 2018 and implements recommendations that the Productivity Commission made in its inquiry into Australia’s intellectual property arrangements. Of particular note for trade marks is the reduction of the period for filing non-use removal applications. Previously, a

On 22 March 2018 the Mexican Senate approved a Decree amending certain articles of the present Industrial Property Law and introducing new trademark provisions. One important change to the law relates to the requirement to lodge Declarations of Actual and Effective Use (DOU) of a registered trade mark. The DOU must be filed within three (3)

Late last year Amazon launched in Australia and while its arrival was a little underwhelming, online retailing is posing a number of challenges to brand owners including the ability to deal with the sale of counterfeit goods on Amazon. To assist sellers to protect their brands, Amazon has created the Brand Registry. While this program has been welcomed

On 8 March 2018, amendments to New Zealand’s Trade Mark Regulations 2003 and the Trade Marks (International Registration) Regulations 2012 were entered into force allowing an Australian address to be recorded as the address for service against New Zealand trade marks. Prior to this date, only a New Zealand address could be so recorded. The changes

On March 26, 2018, the Government of Afghanistan deposited with WIPO its instrument of accession to the Madrid Protocol.   The Madrid Protocol will enter into force, with respect to Afghanistan, on 26 June 2018. Accession to the Madrid Protocol by Afghanistan brings the number of Contracting Parties of the Madrid Protocol to 101. A list of

The Eleventh Edition of the International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement (Nice Classification) has been officially adopted in Oman, according to the Trademarks Office. The Nice Classification is a system of classifying goods and services for the purpose of registering trademarks. The system

On 2 January 2018, the Madrid Protocol for the International Registration of Marks (Madrid Protocol) will come into force in Indonesia. Accession to the Madrid Protocol by Indonesia brings the number of Contracting Parties of the Madrid Protocol to 100. A list of the current members of the Madrid Union, with information on the dates

In an effort to improve the accuracy and integrity of the US trademark register, the US Patent and Trademark Office (USPTO) has recently amended its rules to provide for the verification of declarations of use and cancellation of trademark registrations which do not reflect acceptable ‘use’ in commerce. Effective 17 February 2017, random audits will

There is no doubt India is committed to fostering innovation and attracting foreign investment, as demonstrated by recent government initiatives such as the ‘Make in India’ campaign. In harmony with this, policy makers are continually improving intellectual property rights for the benefit of creators by modernising India’s IP infrastructure, implementing greater use of modern technologies

Trademark rights to ‘Ben Fu’, the most widely recognised wine brand in China have been secured by their rightful owner, Treasury Wine Estate (“Penfolds” wine) (TWE) in the Beijing High People’s Court. The well-known trademark was previously registered in 2009 by notorious ‘trademark pirate’, Li Daozhi. China’s first-to-file system enabled Daozhi to obtain exclusive rights

As the cost of labour in China continues to rise, foreign manufacturing companies are being lured by cheaper production costs and increasingly favourable political and economic conditions in South East Asia. As a consequence, the Myanmar economy is ascending an incline of impressive growth. In an effort to sustain and facilitate further economic growth, the

On 6 October 2016, Brunei Darussalam acceded to the Madrid Protocol for the International Registration of Marks (Madrid Protocol). The Madrid Protocol will enter into force with respect to Brunei on 6 January 2017. Accession to the Madrid Protocol by Brunei brings the number of Contracting Parties of the Madrid Protocol to 98. A list of

IP Australia is moving ahead with changes to the official fees for certain IP Rights. These changes are proposed to take effect from 10 October 2016 and the changes to Madrid import applications will take effect from 28 October 2016. Full details of the changes can be seen on IP Australia’s website.  As for trade marks, below

Thinking of optimising your search results with a competitor’s trademark? This new court decision means advertisers must tread carefully.  It’s a common practice used by businesses to optimise their search engine results with Google: Keywords are purchased through Google Adwords which may include names or trademarks owned by a competitor in order to piggyback their

Saudi Arabia, Bahrain, Kuwait, Qatar, the United Arab Emirates and Oman are the member countries of the Gulf Cooperation Council (“GCC”). The purpose of GCC is to achieve unity among its members and in May 2015, the GCC Trade Cooperation Committee issued the Implementing Regulations of the GCC Trade Mark Law. Roll out of the

As you will all now be aware, the UK has voted to leave the EU. How will this decision affect existing and future European Trade Marks (EUTMs)? We can only speculate at this early stage what impact Brexit will have on EUTMs but in the immediate future at least, EUTM rights will continue to be

Indonesia has finally set the wheels in motion to enable the recordation of license agreements for copyright, patents, trademarks and industrial designs. Whilst recordation has always been a requirement to render license agreements enforceable against third parties in Indonesia, the actual process of recordation itself has been impossible due to a lack of regulations implementing

Further to our legal update on 5 February 2016, Regulation No. 2015/2424 amending the EU’s trade mark system came into force on 23 March 2016. Classification of Goods and Services for Trade Marks filed before 22 June 2012 The regulation provides for a transitional 6 month period commencing 23 March 2016 and ending 23 September

The Madrid Protocol International Trade Mark System has in recent years become extremely popular with trade mark owners wanting to obtain protection for their marks in multiple countries under one trade mark application, known as an International Registration (IR). The Madrid Union now has 97 members covering 113 countries and according to WIPO, these members

Regulation No. 2015/2424 which amends the EU’s trade mark system comes into force on 23 March 2016. As a result, some major changes to the system are set to be implemented. Below is a summary of some of these changes: Name Change for the Office of Harmonization in the Internal Market (OHIM) The OHIM will

What is a notary public? A notary public is a solicitor of at least 5 years standing who has been admitted by the Supreme Court as a Public Notary. Unlike Justices of the Peace (a JP), a notary public’s signature and official seal is recognised not only in Australia but also internationally. A notary public

On 7 December 2015 the Lao People’s Democratic Republic (Lao PDR) acceded to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol). The Madrid Protocol will enter into force, with respect to Lao PDR on 7 March 2016. Accession to the Madrid Protocol by Lao PDR brings the number

With the number of startups increasing each year, many new business owners are wondering how they can make their product or service stand out in a growing sea of competition. How do successful businesses get their products into the hands of consumers year in year out? And what are they doing with their branding that

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

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

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

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

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

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

Effective 29 May 2015, the UAE (pursuant to Cabinet Decree (9/2015)) increased the official government fees payable for various transactions at the Ministry of Economy, including trade mark fees. There is no transitional provision so the increase will apply to all fees payable after 29 May 2015. The increases to the official trade mark fees

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

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

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