News & Analysis as of

Trademark Registration Trademarks Australia

K&L Gates LLP

Fee Changes for Trade Marks and Designs in Australia – Effective 1 October 2024

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IP Australia has implemented fee changes for trade marks and designs from 1 October 2024.  What Does It Mean for Intellectual Property (IP) Owners?...more

International Lawyers Network

Australian Intellectual Property Reforms Ahead

2024 appears to be a year of change in the Australian Intellectual Property realm, with the adoption by IP Australia of the Madrid Goods and Services List and the introduction of the Intellectual Property Laws Amendment...more

International Lawyers Network

Australian trade mark law: Defending your well-known brand with a defensive trade mark registration

Australia’s trade mark legislation provides trade mark owners with the ability to register (in certain circumstances) their well-known brands as ‘defensive trade marks’ in respect of particular goods and/or services, even if...more

International Lawyers Network

First-to-File or First-to-Use? Trademark Protection in Australia

Foreign entities wishing to register an Australian trademark should be aware that Australia is a ‘first-to-use’ jurisdiction. This means that the owner of a trademark is the first user of that trademark....more

International Lawyers Network

The importance of identifying the correct applicant in Australian trade mark applications

When preparing a trademark application, a significant amount of attention is often given to the drafting of the specification of goods and services. Whilst the goods and service classification is important, care should also...more

International Lawyers Network

IP Considerations For Businesses Operating Online – An Australian Perspective

Recent changes in consumer behaviour due to the COVID-19 pandemic mean that few businesses can afford to ignore the internet, and the opportunities for efficiencies and scale that it offers.  Operating a business online...more

International Lawyers Network

Harry and Meghan’s trade mark problem – third party jumps on the bandwagon and applies to register same mark in the EU to cover...

The Duke and Duchess of Sussex submitted a trade mark application with the World Intellectual Property Office last year to register “SUSSEX ROYAL” in the UK, EU, Australia, Canada and the US. The application covers a range of...more

K&L Gates LLP

Bega Claims the Peanut Butter Throne in $60 Million War With Kraft Heinz

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WHAT YOU NEED TO KNOW - - Under Australian law, an entity can't transfer an unregistered trade mark to another entity without also transferring its entire business. - To transfer a trade mark without transferring a...more

K&L Gates LLP

Double Trouble

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When starting a new brand, funds are often limited. Spending money on intellectual property (IP) protection can be low on the list for new businesses. However, getting IP protections in place quickly is a key step in building...more

International Lawyers Network

Case update: trade mark licensing and register formalities in the spotlight

The Federal Court recently handed down its decision in Calico Global Pty Ltd v Calico LLC. This decision highlights the potentially fatal consequences of not updating the IP Australia register to reflect a change in trade...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Ugh (or Ugg?), Another Trademark Dispute

UGG brand boots are a popular fixture on many holiday wish lists, but did you know that the UGG trademark has been the center of a dispute for the past decade? The comfortable sheepskin boots had a long history prior to their...more

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