It is not uncommon to file a trade mark application and receive a report from IP Australia setting out reasons that they do not accept your trade mark. The finding of a similar mark is one of the more common reasons you might receive one of these reports when IP Australia examines your application. It’s […]

The International Bureau of Intellectual Property has devised a list of 45 classes which you will need to choose from when you file a trade mark application in Australia. Classes 1-34 are for goods and classes 35-45 are for services. The class system is known as the Nice classification and this system is used by […]

In an ideal world, it is preferable to register both your name and your logo as a trade mark.  It is important though, to understand that registering a name (in plain words) does not automatically give you protection for the logo that might include the name. At the same time, registering a logo does not […]

Before we start, let’s define what each of these are… Shape Trade Mark If you have a unique and distinctive shape that is synonymous (or is capable of becoming synonymous) with your product or service, then it is likely capable of functioning as a trade mark. An example is a Toblerone chocolate bar. The shape […]

There are several reasons you might need to provide evidence of trademark use. The reason you are needing to provide it may alter the answer as to ‘how’ you do so. Irrespective of the reason, it will need to be in proper format for filing with the Trade Marks Office. This will include drafting a […]