The initial registration process of your trade mark/s is only the beginning of the journey (albeit the most time-intensive one). Under Australian law, the initial registration lasts for 10 years (from the date of filing) and you can renew the registration every 10 years – something that is crucial to ensure that you retain exclusive […]

The word infringement is not something any business owner wants to hear. Unfortunately, many people mistakenly believe that because they have registered a business name, this provides legal rights over it. This is not the case – the only way to have a proprietary right to a name (or logo) is to register it as […]

Most people think of a trade mark as something visual or tangible like a brand name, logo or distinctive packaging, but there are a number of other elements that can be registered as trade marks which may surprise you.  This goes back to the simple fact that a trade mark (by legal definition) is any […]

High profile trade mark wars in pop culture are often seen as entertainment by the general public – especially when the litigation involves David vs Goliath scenarios – but for the entities involved, these battles are crucial for their very survival. Why trade marks matter in pop culture Pop culture is essentially what the general […]

The Australian courts have been kept very busy over the past year including with cases involving allegations of trade mark infringement and counter claims involving the use of the word ‘Fanatics’ as a trade mark.  Given that the vast majority of trade mark disputes are settled out of court, it has been fascinating to watch […]