General

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