General

New 12th Edition of the Nice Classification – 1 January 2023

In October 2022, the World Intellectual Property Organization (WIPO) announced that the 12thĀ 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 […]

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International trade mark licences ā€“ Beware of registration requirements in some countries

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

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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 Emiratesā€™ 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 UAEā€™s accession further strengthens the Madrid Systemā€™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, thereā€™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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