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Trademarks › Australia

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
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

Case Law Update: The Australian Federal Court’s Approach to Non-English Word Trade Marks

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In her recent decision in Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCA 138 (Caporaso v Mercato), the Honourable Justice Charlesworth of the Federal Court of Australia has demonstrated how Australian courts...more

K&L Gates LLP

Doing Business in Australia

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Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been...more

International Lawyers Network

Australian Intellectual Property Reforms Ahead

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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

2023: The Year of the Burgers

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From the Big Mac v Big Jack to the KFC v HFC – 2023 was the year of the burger. In Australia, the burger debate was first brought to our attention in 2020 following a marketing campaign by Hungry Jack’s Pty Ltd (Hungry...more

International Lawyers Network

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

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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

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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

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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

Dorsey & Whitney LLP

Influenced by Social Media Marketing, the Ninth Circuit finds Personal Jurisdiction over Foreign Defendant under Federal Rule...

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In a recent decision, the Ninth Circuit Court of Appeals found that an Australian cosmetic company is subject to the personal jurisdiction of a federal district court in California despite having no traditional “minimum...more

Jones Day

Australian Court Holds That Use of a Corporate Logo for Purposes of Engaging in a Public Campaign Amounts to Mostly Fair Dealing

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Australia's Copyright Act allows for various "fair dealing" defenses that set out defined categories of acceptable uses of copyrighted work. These uses include research or study, criticism or review, parody or satire,...more

International Lawyers Network

.AU Domain Names Must Have A Presence In Australia

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Foreign entities looking to register Australian domain names need to be aware that the eligibility requirements have changed and the threshold is now much higher. If a foreign entity is relying on a registered Australia...more

International Lawyers Network

IP Considerations For Businesses Operating Online – An Australian Perspective

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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

Downs Rachlin Martin PLLC

Are Patent and Trademark Deadlines Extended Due To COVID-19? (Updated)

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As the COVID-19 pandemic progresses, patent offices worldwide are taking steps to minimize negative impacts that patent and trademark filers may suffer. Many offices have asked their employees to work from home,...more

K&L Gates LLP

Down N’ Out – Down on Their Luck

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In-N-Out Burgers, Inc v Hashtag Burgers Pty Ltd [2020] FCA 193 - Sydney burger chain Down N’ Out is looking to appeal Federal Court Justice Anna Katzmann’s ruling in a case brought by American fast food giant In-N-Out...more

International Lawyers Network

Intellectual Property Extensions Resulting from Coronavirus

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Currently, the USPTO is not offering extensions to patent and trademark application deadlines. The USPTO is, however, offering fee waivers to those affected by the coronavirus in the following situations....more

McDonnell Boehnen Hulbert & Berghoff LLP

Impact of COVID-19 Pandemic on Patent Offices and Federal Courts -- March 17 UPDATE

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Last week, World Health Organization Director-General Tedros Adhanom declared that the COVID-19 outbreak "can be characterized as a pandemic," cautioning that the WHO has "rung the alarm bell loud and clear."  At the time of...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...

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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

Style is Everything, But Style Names Aren’t “Trade Marks”

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Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662 - In a recent decision commenced by Pinnacle Runway against well-known swimwear brand Triangl, the Federal Court has chastised the parties involved for partaking in...more

K&L Gates LLP

SENSIS v SENSES – Federal Court Makes Findings of Deceptive Similarity

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The Federal Court of Australia has found that the use of “SENSES DIRECT” was deceptively similar to an applicant’s earlier registered “SENSIS” trade marks. ...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

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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

K&L Gates LLP

Fashion Law Newsletter - December 2018

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"People will stare. Make it worth their while." - Harry Winston Welcome to our latest edition of Fashion Law. In this edition we look at the steps the New South Wales and Australian Governments are taking to tackle...more

Kelley Drye & Warren LLP

WTO Declines to Find Australia’s Tobacco Product Packaging Restrictions Inconsistent with Trade Rules

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Last week, a WTO dispute settlement panel ruled that Australia’s plain packaging rules for tobacco products do not violate WTO rules. In April 2012, Honduras requested consultations with Australia at the WTO over Australia’s...more

K&L Gates LLP

Fashion Law Newsletter - March 2018

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Style is something each of us already has, all we need to do is find it." – Diane von Furstenberg Welcome to our latest edition of Fashion Law where we provide you with the latest updates on legal issues affecting the...more

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