Before Writing a Cease and Desist Letter Firstly, BEFORE you write a cease and desist letter, consult with your trade marks attorney to ensure you are within your rights to be writing one. There are no doubt templates available to help a trademark owner write a letter of demand for trademark infringement, but the bigger […]

Essentially, a trademark protects any sign that a trader uses – and a sign most commonly would be a name or a logo but can be a colour, shape, sound, smell, numbers or a combination of these things – to distinguish their goods or their services from the similar goods and services of other traders. […]

In some circumstances, you can have identical trademarks co-existing on the Australian trademarks database. For example, trademarks are registered in respect of particular goods and or services that fall into various classes. Due to this, it is possible for there to be two identical trademarks with the same name that are registered by different owners […]

Yes. Perhaps the shortest answer to a question we’ve ever written! To elaborate though. Any ‘person’ with legal personality can own a trademark, and by legal personality, we mean that could be an individual, it could be a group of individuals under partnership, it could be a company etc. A business name does not have […]

In Australia, section 27 of the Trade Marks Act 1995 prescribes that: (1)  A person may apply for the registration of a trade mark in respect of goods and/or services if: (a)  the person claims to be the owner of the trade mark; and (b)  one of the following applies: (i)  the person is using […]