Renewing your trade mark registration in Australia

In theory trade marks can last forever. They are the only form of registered intellectual property that have this character. Patents, designs and copyright all expire. But so will your trade mark too if you fail to use it or renew it.  A trade mark is valid for 10 years from the date of application […]

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Domain name dispute resources

Domain name policies Uniform Domain Name Dispute Resolution Policy .AU Dispute Resolution Policy (auDRP)   Domain name rules Rules for Uniform Domain Name Dispute Resolution Policy WIPO Supplemental Rules for UDRP   Domain name dispute resolvers ICANN List of Approved Dispute Resolution Providers auDRP Approved Dispute Resolvers   World Intellectual Property Organization WIPO Domain Name […]

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Applying for an Australian trade mark registration?

To obtain an estimate on the cost of applying to register your trade mark in Australia please send an email with the following information name of applicant address of applicant place of incorporation if a company the mark goods and/or services of interest to email@worthyofthename.com

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Motion Marks

Trade marks that move or have motion have been around for a long time.  Since 1924 MGM Studios have a motion mark at the start of their feature films showing the image of a roaring lion.  It has been parodied many times including a Monty Python version with the lion replaced by a croaking frog. From 1927 […]

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Tune into trade marks

Madonna, Sting, Paul McCartney, The Estate of Jim Morrison, Dire Straits, David Gilmour of Pink Floyd and Jennifer Lopez have all been caught up in domain name disputes. There are many lessons that aspiring musicians can learn from these cases. Perhaps the most important is the value of a trade mark registration. While a trade […]

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Parallel importation of books

Compared to the US and Europe books are expensive in Australia. Some reports say Australians pay up to 40% more than US consumers. One reason for this extra expense is Australia’s parallel import restrictions on books. These prevent cheaper foreign books being sold in Australia except in a narrow range of circumstances.  And despite 20 […]

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First in, best dressed

Creating and protecting your own fashion brand By Wayne Covell and Robin Covell It’s no secret that fashion and brand labels go hand-in-hand.  The leading fashion brands are all registered trade marks. But what can up-and-coming designers do to protect their label in their early years? A classic principle in trade mark law is first in, […]

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Punitive damages for trade mark infringement

Exemplary or punitive damages are a powerful remedy. They are designed to punish the wrongdoer, act as a deterrent and discourage the victim from seeking revenge by taking the law into their own hands. They bear no necessary proportionality to the usual compensatory damages and, if awarded, the amount should ‘sting’ (Harris v Digital Pulse […]

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Registering band names as trade marks

Surprisingly few bands have registered their names as trade marks in Australia. You’d think, for example, that Pink Floydand Led Zeppelin would be registered as Australian trade marks. And you’d be wrong. Not a single Australian trade mark registration exists for these world famous bands. That’s not to say that these bands lack protection for their names in […]

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Google sued by the Australian government competition watchdog

Google’s sponsored links and AdWords have caused a wave of litigation throughout the world. At this year’s International Trademark Association (INTA) conference in Chicago there was standing room only at sessions on the topic. Now Australia has joined the fray with the Australian Competition and Consumer Commission suing Google in the Federal Court. While the Federal Trade Commission […]

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