Trademark Law & Lawyers

Australian trade mark law is based on the Trade Marks Act 1995 (Cth), which is administered by IP Australia, an Australian government agency within the Department of Industry, Tourism and Resources.

If you would like legal help in relation to any aspect involving trademarks, then please complete your free legal enquiry form on the left, or click here.

A trade mark is a way of identifying a unique product or service and it can be your most valuable marketing tool. Sometimes called a brand, your trade mark is your identity - the way you show your customers who you are. There is a difference between trade marks, business, company and domain names.
A trade mark can be a letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of packaging or any combination of these.

The Trade Marks Act

The Trade Marks Act defines trade marks (including certification marks and collective marks), what constitutes trademark infringement and defences and exceptions thereto, and (together with the Trade Marks Regulations) sets out procedures for registration and other proceedings before the Registrar of Trade Marks. The legislation does not codify the law of trade marks in Australia; as a common law jurisdiction, a trade mark owner may also (for example) seek to protect its rights through legal proceedings for passing off.

Registering a Trademark

The procedure to register a trade mark in Australia is much the same as other countries. A completed application is filed with IP Australia (either by delivery to one of its regional offices or electronically) and checked ("examined") by an examiner of trade marks for compliance with formalities and substantive requirements (e.g. registrability, and lack of confusing similarity with a conflicting trade mark). If an application is accepted it will be published for opposition purposes for three months, during which time third parties may oppose registration on certain grounds. If there are no oppositions, or any oppositions are overcome, a certificate of registration will issue.

If you would like legal help preparing and completing an application for a trademark, then please complete your free legal enquiry form on the left, or click here.

Some important things to note about trademarks are as follows:
  • A trade mark can have an infinite life representing significant business value.
  • Initial registration of a trade mark is for 10 years.
  • You can continue to renew it for successive periods of 10 years by paying a fee.
  • You must actively use your mark to avoid removal on the grounds of non-use.

Benefits of trade marks

A trade mark can be your most valuable marketing tool. The public identifies a certain quality, reputation and image with goods and services bearing a trade mark. The more successful your business is the more valuable the trade mark becomes.
If you are thinking about a new product or service and you want to establish an image for it, you should consider a distinctive trade mark under which to market it.

If you would like legal help in relation to any aspect involving trademarks, then please complete your free legal enquiry form on the left, or click here.

As the owner of a registered trade mark you:

  • have the exclusive right to use your registered trade mark as a brand name for the -goods or services specified in the registration
  • have the exclusive right to authorise other people to use your registered trade -mark for the goods or services specified in the registration
  • have a registered trade mark, which is personal property and can be sold
  • have a registration, which usually covers the whole of the Commonwealth of Australia
  • may give the Australian Customs Service a notice objecting to the importation of -goods that infringe your registered trade mark
  • can be in a stronger position to stop other people from using your trade mark as -their brand name on the same or similar goods or services of your trade mark registration.

If you would like professional help regarding preparation of your trade Mark application, please complete your free legal enquiry form on the left, or click here.

Opposing a trademark

Reasons for opposing a trade mark application that has been advertised as accepted
An opposition to registration of a trade mark may be opposed on the basis of any of the grounds of rejection set out in Division 2 of Part 4 of the Trade Marks Act 1995 (except for section 40) and also on the basis of sections 58 to 62A.

The most common reasons for trademark opposition include:

  • the trade mark is identical or very similar to another registered or pending trade mark (section 44) or an international registration that is seeking or has gained -protection in Australia (regulation 4.15A)
  • deception or confusion is likely because of the reputation of another trade mark in Australia (section 60)
  • the trade mark applicant is not the true owner of the trade mark (section 58).
  • Reasons for opposing a removal application
  • Removal applications are usually based on one of the following claims:
  • that the owner of a trade mark has not used the trade mark
  • that the owner of a trade mark has not used it in good faith or
  • that the owner did not ever have any intention to use the trade mark.
If a person wants the trade mark to stay registered, they can contest the claim by opposing the removal application. Generally, these oppositions are based on claims that the trade mark has been properly used within the relevant time period set by the Act.

If you have a legal matter involving a trademark and would like to consider taking legal action, then please complete your free legal enquiry form on the left, or click here.

Protecting your trade mark

Once you have successfully registered your trade mark, it is your responsibility to protect it from infringement or removal.

Trademark Infringement

If someone uses your trade mark without your permission, they may be infringing your trade mark rights. Should you wish to seek legal representation in relation to an infringement of your trademark, then please complete your free legal enquiry form on the left, or click here.

Court action and trademark disputes

Another person can apply directly to a court for a court order to remove or cancel your trade mark registration. It is your responsibility to defend and protect your trade mark.

Should you require legal help regarding a trademark dispute, please complete your free legal enquiry form on the left, or click here.

Links to Further Resources - Trademark Law & Lawyers

 

 

Trademark Law & Lawyers News

New, Updates and further information - Trademark Lawyers

Is a trade mark the right choice for you?

If you want to establish a brand for your product or service, you should consider creating a distinctive trade mark.

A trade mark protects the identity of your goods and services. Once you register a trade mark, you have the legal right to use, licence or sell it within Australia for the goods and services for which it is registered. You also have the right to prevent others from using it.

If you do not register, another trader could register your brand as a trade mark and you could be forced to defend your rights  - you may even need to re-brand.

Are you eligible for a trademark?

To apply for a trade mark, you must intend to use it.

The owner of the trade mark must be an individual, a company, an incorporated association or a combination of these.

You can not apply for a trade mark in the name of a business, but the individuals that own the business may apply for a trade mark.

If you would like professional help regarding preparation of your trade Mark application, please complete your free legal enquiry form on the left, or click here.

Trademark Legislation in Australia:

-  Circuit Layouts Act 1989
-  Circuit Layouts Regulations 1990
-  Copyright Act 1968
-  Copyright Regulations 1969
-  Designs Act 2003
-  Designs Regulations 2004
-  Patents Act 1990
-  Patents Regulations 1991
-  Plant Breeder's Rights Act 1994
-  Plant Breeder's Rights Regulations 1994
-  Trade Marks Act 1995
-  Trade Marks Regulations 1995

Trademark Court and Tribunal decisions:

-  Australian Copyright Tribunal – Decisions
-  Australian Designs Offices decisions
-  Australian Patent Offices decisions
-  Australian Trade Marks Offices decisions (AustLII)
-  Australian Trade Marks Office decisions (IP Australia website)
-  Australasian Legal Information Institute (AustLII)

Key National Bodies - trademarks

-  Advisory Council on Intellectual Property
Established in 1994 the Council advises the Federal Minister for Industry, Tourism and Resources on intellectual property matters and the strategic administration of IP Australia. The site includes documents relating to several reviews on IP conducted by the Council
-  Asia Pacific Intellectual Property Law Institute (APIPLI) (Murdoch University)
-  Attorney-  General's Department Copyright Law and Classification Branch
-  Audio Visual Copyright Society (Screenrights)

The copyright collecting agency for copyright holders in films and television programmes
-  Australasian Performing Right Association (APRA)

The copyright collecting society for music writers and publishers
-  Australian Digital Alliance

A non-  profit coalition of public and private sector interests formed to promote balanced copyright law and provide an effective voice for a public interest perspective in the copyright debate
-  Australian Copyright Council

A Comprehensive site containing links to legislation, treaties and other copyright organisations. Included are very useful Information Sheets providing information on copyright and particular publications eg music, recipes, house plans, computer software etc
-  Australian Library and Information Association (ALIA) Copyright Service
-  Australian Libraries' Copyright Committee

The main consultative body and policy forum for the discussion of copyright issues affecting Australian libraries and archives
-  Business Software Alliance
Select "News and Events" for information and court action regarding software piracy
-  Copyright Agency Ltd

A copyright management company which administers the right to reproduce copyright holders' works and the right to communicate their work to the public
-  Copyright Law Review Committee

Abolished 2005. Includes full text reports on copyright law reform published by the Committee from 1959-  2005
-  Department of Innovation, Industry, Science and Research
DIISR administers the Designs Act 1906 and the Trade Marks Act 1995
-  Intellectual Property Research Institute of Australia (IPRIA)
Established in 2002, IPRIA is a national centre for multi-  disciplinary research on law, economics and management of intellectual property and is based at the University of Melbourne
-  IP Australia (formerly Australian Industrial Property Organisation)
Administers patent, trade mark, design and plant breeder's rights applications
-  Licensing Executives Society – Australia and New Zealand
An international non-  profit professional society whose members are actively involved in professional and business activities concerned with transfer of technology and industrial or intellectual property rights
-  Patents OnLine Australia – IP Services

If you need legal advice regarding Trademark Law, then please complete your free legal enquiry form on the left, and we will put you in touch with a Trademark Law lawyer nearest you, who can help you with Trademark Law.

Our free legal enquiry service for Trademark Law extends to all locations Australia wide.

Trademark Law & Lawyers Updates

New Trademark Rules, 2017: The 10 Most Notable Changes

Thu, 06 Jul 2017 09:16:56 -0500

The Ministry of Commerce and Industry of the Government of India has recently updated the Trademark rules. The new Trademark Rules, 2017 came into effect via a Govt. notification on March 6th and will replace the Trademark rules, 2002.

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Loopholes In Trademark Registration In China Can Pose a Threat To Online Business

Mon, 27 Mar 2017 08:00:00 -0500

China has weird rules for using the Internet. It is quite complex, and Chinese lawyers are always on their toes to explain things to their clients regarding the Internet usage in the country. Internet usage, particularly, for the gaming companies is even more difficult and they usually hire lawyers to talk about the pros and cons. China's Internet rules are absolutely different from that of the western countries and that is hard for the foreigners to understand. Having a clear idea about the Chinese rules and regulations makes everything easy for clients and foreign companies.

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Trademark for Whom & Why

Wed, 22 Mar 2017 09:16:16 -0500

Every Business is different as each business caters to a different set of requirements. So how each business sustains itself will also be different. Talking of sustenance also means protecting one's business and this is where the whole concept of trademark becomes relevant.

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How Can a Trademark Save Your Company?

Tue, 06 Dec 2016 11:22:10 -0600

To save the identity of the business, people usually get trademark registration. It is a kind of intellectual property.

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Registration of a Trademark With the OHIM (Office for Harmonization in the Internal Market)

Tue, 28 Jun 2016 11:33:19 -0500

EUIPO (The European Union Intellectual Property Office), formerly known as OHIM, is the European Union agency responsible for the registration of the brands and the trademarks. Let's know how to register a trademark with OHIM.

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Do I Need to Trademark My Business Name As a Small Business Owner?

Mon, 07 Dec 2015 12:51:58 -0600

A small business owner has no proprietary rights unless he trademarks his business. Sounds alarming? Well, that's how it is. Registering your company, business, or domain name does not give you any automatic right to use the name as a trademark.

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What Do the Symbols TM, SM and the Circled R Mean?

Tue, 13 Oct 2015 10:11:27 -0500

Have you ever seen a little TM, SM or the letter R in a circle next to the name of a brand or business and wondered what they mean? Read on to figure out exactly what those symbols stand for and what their purpose is.

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Does That Smell Remind You of Something? Trademarking Scents

Tue, 29 Sep 2015 08:58:26 -0500

Have you ever smelled something that instantly reminded you of a certain brand name? If so, that certain smell has the power to act as a source identifier for a brand. Functioning as a source identifier is the first step a mark has to take to become a trademark. However, scents are a challenge to trademark. Find out why in the article that follows.

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Top Reasons Why Your Business Should Register Its Trademarks

Tue, 29 Sep 2015 08:53:56 -0500

Do you own a business? Are you interested in protecting your business name, logo, or tagline? There are quite a few reasons why trademark registration is a good idea to protect your brand. The following article aims to address some of these reasons.

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A Taste for Trademarks: Registering a Flavor With the United States Patent and Trademark Office

Tue, 29 Sep 2015 07:27:49 -0500

Is it possible to trademark a flavor or taste? The answer may surprise you.

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Trademark Registration: Trademark Vs Trade Name

Tue, 29 Sep 2015 07:22:33 -0500

What is the difference between a trademark and a trade name? They do indeed have many similarities, but they have their differences as well. The following article will help distinguish between the two.

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Trademark Registration: What Is an Appropriate Specimen of Use for My Product?

Fri, 18 Sep 2015 10:51:11 -0500

For those that wish to register a trademark, you must provide proof that you are using the mark in commerce. It is difficult for those not familiar with the trademark process to gauge what is considered an acceptable specimen by the United States Patent and Trademark Office. The following article provides some insight into what is an appropriate specimen of use for your particular trademark.

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From a Lion's Roar to a Cartoon Character Catchphrase: Trademarking Sounds

Mon, 14 Sep 2015 12:43:34 -0500

Can you trademark a sound? Have you ever heard a jingle and were curious as to who held the rights to it? Read below to learn a bit more about the process of trademarking a sound.

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Trademark Registration: Protecting Your Logo Design

Mon, 14 Sep 2015 12:42:46 -0500

Question: Is a federal trademark registration the right way to protect a logo design? Answer: Depends...

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Trademark Registration: Color Me Protected!

Wed, 09 Sep 2015 10:25:12 -0500

We commonly think of company's name, or design or logo as a trademark or service mark. The company uses the name or logo to indicate to the consuming public the source of the products or services being offered. But what about color?

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Trademark Registration and Barney Fife: Nip It in the Bud!

Tue, 08 Sep 2015 15:42:01 -0500

How does the Andy Griffith Show and trademark registration relate to one another? Find out how you can "Nip it in the Bud!" when it comes to federal trademark registration and trademark infringement matters.

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Importance of a Lawyer to Your Business

Tue, 01 Sep 2015 08:04:12 -0500

For very many small business owners out there, using a lawyer is the same as calling a plumber or fireman. One does it only if there's a problem.

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Should I Hire an Attorney to Help Me File My Trademark Registration?

Mon, 31 Aug 2015 11:13:52 -0500

Do you need an attorney to file a trademark application? In the article below, you will find out why a knowledgeable attorney is a valuable asset in the trademark process.

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What Exactly Is a Trademark?

Mon, 31 Aug 2015 11:10:08 -0500

Find out what the term "trademark" means and all of the different kinds of marks that are out there. Figure out the difference between a trademark and a service mark. Find out the difference between a certification mark and a collective mark.

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Counseling Clients About the Perils and Pitfalls of Do-It-Yourself IP - Trademarks

Wed, 26 Aug 2015 14:20:17 -0500

Economic considerations and the proliferation of information available on the Internet lead some clients down the pathway of do-it-yourself IP, whether going at it alone or seeking assistance from invention submission companies or other online legal solutions. This article addresses how to counsel clients about the perils and pitfalls of do-it-yourself IP, particularly focusing on trademarks, and provides tips for getting clients on the right path before/after they attempt to do it themselves.

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Federal Trademark Registration Vs Common Law

Wed, 26 Aug 2015 10:07:50 -0500

Does a mark that is registered have superior rights over a mark that relies on common law? This is a question that I am often asked. In the article below, I will address this issue and provide an explanation of the difference between a federal trademark registration versus use based on common law.

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The Importance of Registering Your Trademark

Wed, 27 May 2015 13:13:14 -0500

A trademark is a visual symbol which may be a word to indicate the source of the goods, a signature, name, services, etc. A trademark provides protection to the owner of the mark by ensuring the exclusive right.

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Trademark Registration: To Become Legal Owner of The Brand Name

Mon, 18 May 2015 11:59:20 -0500

Trademark registration or brand name registration is surely an important process for business organizations. All organizations need a unique name to promote their products & services.

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How to Register a Trademark With Ease

Wed, 15 Apr 2015 06:27:22 -0500

Believe it or not, registering a trademark is the toughest task to carry out when it comes to protecting your business or brand name. If you are not serious about your trademark, it may literally cost you plenty both in terms of money and effort, which can further cause surplus stress and mental harassment. Moreover, this thrilling and complicated process involves numerous tasks and things that must be considered when thinking about starting a new business. This process can only be handled by the trademark attorney, appointed by the business owner itself.

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Discover Important Things About Trademark Registration

Mon, 13 Apr 2015 11:47:30 -0500

Trademark registration is a very vital thing to protect the identity of the brand. By registering this, the organization becomes the legal owner of the name & as per law, no other person can use the similar or confusing name to sell its products & services.

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Brand Registration: Good For Business

Mon, 13 Apr 2015 11:40:58 -0500

The brand registration is the most important thing for an organization to have a better business prospective. It is basically the name that attracts buyers to buy products & services of the company.

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The Era of Comparative Advertising

Fri, 20 Mar 2015 15:40:52 -0500

The print and electronic media that we are dealing with does not only canvas the static and current reports about the day-to-day events, but they heavily comprise the advertisements associated with a variety of products. The prior most attempt that the brand owners have into consideration while advertising their products is the gain of maximum viewer attention and at the same time proving their brands far better than the competitors.

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All You Need to Know About Registering Your Trademark

Mon, 19 Jan 2015 10:17:07 -0600

Any glance at recent current events will confirm that people have become more litigious than ever, especially over matters of intellectual property. As a result, it has become increasingly necessary to retain the best professional help available to secure a legal trademark for one's brand or patent.

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Exploring The Benefits Of Trademark Filing

Fri, 02 Jan 2015 09:22:27 -0600

Acquiring a trademark remains a very simple way in which you can establish ownership of a product or a service designed by you. In a way it helps you to establish your brand identity as well, whereby your rivals and customers know that a particular product design belongs to you.

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The Importance Of Having A Trademark For Your Brand

Thu, 07 Aug 2014 10:05:37 -0500

What is trademark? Trademark is considered the most widely known intellectual property as compared to others such as patent, design and copyright. A trademark protects an expression that represents a particular product or service.

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"US Patent Office Cancels Redskins Trademark": What Does It Mean?

Thu, 19 Jun 2014 07:37:04 -0500

Today the news media is abuzz with discussion of the cancellation of the "Redskins trademarks" belonging to a U.S. football team, the Washington Redskins. Despite the comments by television talking heads on the ruling, the fact is that the name "Redskins" has not been taken away from the team.

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Trademark Registration Attorney: A Bit About Them and Ways to Find Them

Wed, 28 May 2014 10:14:04 -0500

Hiring a trademark attorney is considered to be a smart move as it pays in the long run. A trademark attorney offers a range of services at one go starting from selecting a trademark to register for, to enforcing the trademark chosen by you so that it is not infringed upon by others.

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Owning Your Brand Name for Life Using a Successful Trademark Application

Wed, 19 Feb 2014 11:56:57 -0600

A brand name is a highly prestigious commodity. It is developed after years of hard work and realized when people and competitors start to recognize you, your name and identify with what your products are.

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What Is in a Trademark and How Can You Register It?

Wed, 19 Feb 2014 11:55:19 -0600

A trademark is your exclusive property; a name with which your customers recognize you and equate you to. When you do this you get exclusive rights to the name and it becomes yours completely.

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How To Obtain A Trademark In The US

Tue, 11 Feb 2014 08:29:52 -0600

A trademark is a word, a symbol or design, or a combination thereof, which serve to distinguish the goods or services of a person or company from other products or services available on the market. Trademarks represent not only actual wares and services, but also the goodwill of the producer. In this sense, they are considered valuable intellectual property.

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How to Protect Your B2B Brand Through Trademark Law

Wed, 29 Jan 2014 11:15:48 -0600

After lots of creative brainstorming you've finally found the perfect name for your new brand. Now you just need to make sure the name is available for you to legally use without sparking a lawsuit. Whenever possible, generate a brand name that is wholly unique, so you can occupy all future mindshare among the public.

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Register Company Name and Logo and Protect Your Design

Fri, 17 Jan 2014 16:21:19 -0600

A trademark is essential for all businesses as it protects your brand. Copy infringement can be avoided when your company name and logo are unique and is registered with the USPTO.

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Free Trademark Search

Mon, 13 Jan 2014 10:06:05 -0600

You are not required by law to conduct a trademark search before you file for registration: however, any trademark professional would recommend that you do. You cannot register a trademark that is identical or similar to another registered mark; the purpose of a trademark search is to identify any and all marks that are similar to your own, even in a single element. It is likely that a trademark search will reveal marks that are similar to your own. You must then check the status of these marks' registration to determine whether they are current and up-to-date, or whether the registration status is 'dead'. A 'dead' mark cannot be used to block your application.

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How Much Does a Trademark Cost?

Thu, 26 Dec 2013 10:58:35 -0600

The cost of your trademark can vary greatly depending on the services that you require. Generally, the answer to the question 'how much does a trademark cost' is upwards from $1,100, spread over two stages and a time period of 7-8 months. This cost is inclusive of government fees, professional fees, and GST.

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How to Trademark a Name in Australia

Mon, 23 Dec 2013 10:08:26 -0600

The procedure for how to trademark a name in Australia might sound straightforward, but is actually lengthy and complex. The following article outlines the process of how to trademark a name in Australia. You should contact a trademark professional for further information or assistance.

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Secure Your Logo, Register Your Trademark

Fri, 20 Dec 2013 15:57:01 -0600

Everyone who runs a business wishes to reach the pinnacle of success. This is not an easy task, however. You need to build a brand and it takes a long time for a brand name to be popular and successful.

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Australian Trademark Registration

Wed, 18 Dec 2013 10:43:48 -0600

When you want to protect your intellectual property from infringement, you should register a trademark in Australia. A registered trademark protects your business identity, as well as the identity of your goods or services. When you register your intellectual property as a trademark, you gain the right to use your marks exclusively, as well as to license or sell your marks for the goods or services under which it is registered.

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Logo Trademark Registration in Australia

Tue, 17 Dec 2013 09:20:06 -0600

It is essential that you protect your company logo with trademark registration to ensure that your competitors do not use the same mark, or a confusingly similar one, to market their own products or services. Consumer confusion can lead to a loss of business or a reduction of your goodwill, particularly if your competitor's products or services are not a high a standard as your own. The following article explains how to register a logo in a series of simple steps: however, you might prefer to consult a trademark professional for a more comprehensive overview of the registration process, or assistance in filing and managing your application.

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How to Choose a Trademark Professional

Mon, 16 Dec 2013 11:19:59 -0600

An Australian trademark professional is someone who is well-versed in legal notices and trademark law. They aim to protect the trademarks of both companies and individual traders, as well as the associated brand image and intellectual property. Reputable trademark professionals also offer advice to those that are attempting to register their intellectual property as trademarks. There are a number of reasons for hiring a trademark professional, whether you are the owner of a trademark or seeking protection for your intellectual property. There are a huge number of trademark professionals available to you within Australia: however, choosing the right professional can be a challenge. There are some guidelines that you can follow when you are searching for the right trademark expert for your business.

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Five Reasons Why Your Trademark Could Be Rejected

Tue, 03 Dec 2013 10:18:36 -0600

Trademark registration is a lengthy, complicated, and expensive process. If you do not take the appropriate steps, or if you file your application incorrectly, you risk having your application rejected by an IP Australia examiner. If your trademark is inappropriate for registration, you will receive an adverse report from your examiner. Some adverse reports can be intimidating and complicated, and often require the help of a trademark attorney to rectify. The following list includes the five most common reasons for the issue of an adverse report. You can use this list to prevent your application from being turned down.

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How to Conduct a Trademark Search

Mon, 25 Nov 2013 14:57:06 -0600

The definition of a trademark is a symbol, word, or series of words that identify a company, or a product or service of that company. Before you can register your business name or company logo for trademark protection, IP Australia must analyse your application to determine whether your mark is eligible for registration. One of the conditions for eligibility is that your mark must be completely unique within your market, and is not identical to or confusingly similar with another mark. If your mark looks like another company's mark, and if that mark identifies the same goods and services, you will be infringing upon the rights of that trademark holder. Infringement upon a registered trademark holder's mark can come with legal ramifications.

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5 Reasons Why Marriage Shouldn't Even Be On Your Agenda

Mon, 25 Nov 2013 09:12:22 -0600

Marriage is probably the most celebrated occasion of our lives and we have every reason to be delirious about it. But on another front, we tend to forget the complicated and often, underestimated aspects of our married life. Keep reading to get abreast of what your married life has in store for you.

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Registering Your Business Name and Registering Your Brand Name

Tue, 19 Nov 2013 12:02:43 -0600

Australian businesses are required to register their business names in order to prevent two competitors from mistakenly using an identical name. It is important, for the sake of the consumer, that there can be no confusion between two businesses with the same name and providing the same goods or services. Your business name tells consumers who is operating a business under the business name, and you can also open a bank account under your registered business name.

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Why You Should Register Your Trademark in Hong Kong

Wed, 13 Nov 2013 15:45:03 -0600

In Hong Kong, trademarks are protected by the Trademark Ordinance law. In case your trademark is not registered, other laws can be used to protect it as a last resort. In such cases, a lot of goodwill is needed to enforce such laws. Failing to register your trademark can give your competitors the opportunity to register similar marks as yours.

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Understanding Design Patents and Trademark Registration

Wed, 13 Nov 2013 09:37:05 -0600

Design patents give the inventor certain rights on the appearance of his invention. It is unique as it is granted only when something new is created.

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Territoriality Of Trademarks - 'Think Global, Act Local'

Fri, 08 Nov 2013 15:53:28 -0600

The world is a Global Village today. Boundaries have shrunk, borders are porous and the reach of information, services, products, goods basically trade and commerce is a thought away.

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Well Known And Famous Trademarks - Actual 'Celebrities' Of A Business

Fri, 08 Nov 2013 15:32:23 -0600

'Imitation is the best form of flattery' is a well known saying. Who wouldn't want to be copied, imitated, and reproduced across countries without even having a physical presence there?

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Why You Should Register Your Trademark

Fri, 01 Nov 2013 08:40:28 -0500

A trademark is a design, sign or expression that identifies a product or service. It differentiates a company's product or service from that of other companies. Trademark owners can be organizations, businesses, legal entities or individuals. Trademarks are usually located on packages, vouchers, labels or on the products themselves. To enhance corporate identity, trademarks may also appear on company buildings.

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Why You Should Register Your Trademark in China

Fri, 01 Nov 2013 07:24:39 -0500

Having a registered trademark gives your company some brand leverage. It prevents competitors from using your mark to confuse customers with a brand that is similar to yours. You need to take your time and use some of your resources to register your trademark in China. Choosing to export your products to China without any registered trademark exposes your brands to considerable risks.

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TRADEMARK DILUTION - Trademarks and Their 'Sound Health'

Mon, 28 Oct 2013 12:02:35 -0500

Trademarks are source identifiers and product differentiators providing necessary discernment amongst goods and products. In a world full of competing business which are omnipresent especially owing to supermarkets, hypermarkets, twenty four- seven stores and the internet.

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Maintaining the Goodwill in Your Business

Mon, 28 Oct 2013 11:40:57 -0500

One of your most valuable assets is your goodwill. Your good reputation is more valuable to you than gold: it is your business's honour and character, your integrity, and completely unique to your company. Your goodwill is essentially your business, product, service, or brand name around which you have built a good reputation: you are well-known within your marketplace amongst competition, clients, and consumers. Your goodwill is one of the best ways to be truly unique from your competition, particularly if you are known to do the job better.

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Trademarking the Name of a Band

Wed, 23 Oct 2013 09:56:10 -0500

If you have a musical band and are thinking of selling or performing your music publicly, you need to think about protecting one of your band's most important assets, its name. Registering a trademark can protect your band from liability for infringement, while ensuring that you have the exclusive right to use the name you have chosen.

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How To Register A Trademark - A Trademark Attorney's Perspective

Tue, 08 Oct 2013 16:15:02 -0500

A trademark is, quite simply, any distinct name or logo that a company uses to identify itself within the marketplace. A good, effective trademark is one that is instantly recognisable to the customer: the customer will associate specific types of goods and services to that trademark, as well as company attributes such as reliability and quality. Examples of effective trademarks includes the Apple logo, and the Holden lion: and the five Olympic circles are a universally recognised trademark symbol.

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Protecting Trademarks and Logos in the UK

Fri, 13 Sep 2013 09:51:33 -0500

In the increasingly competitive commercial environment, registration of a trademark is something which should be done sooner rather than later by most businesses to secure registered rights to protect the logo. Registration of trading names protect the unique trading identity of the business.

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Trademark Problems With Non-Profits - My Husband Made That Logo, I Watched Him Design It

Mon, 26 Aug 2013 06:41:56 -0500

Not long ago, I was reviewing a stellar level logo that was done by a gentleman whose wife had started a non-profit group. There was a contest for the best logo, but the ones coming in were quite underwhelming and less than notable, what the organization needed was something to wow the new members and give life to the fledgling organization. They asked me what I thought of the newest logo entry, done by the founder's (wife's) husband, so I told them what I thought; "It's great."

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Using Trademarks in Artistic Works

Tue, 02 Jul 2013 14:49:57 -0500

Does an artist commit trademark infringement when using a registered trademark in an artistic work? The decision is usually based on being able to adequately measure the public interest in free expression against that of the public interest in avoiding consumer confusion.

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Canadian Trademark Registration: Licensing Your Trademark

Tue, 02 Jul 2013 11:25:05 -0500

Trademark infringement doesn't always have to be confrontational. Sometimes the best option for both parties is a trademark licensing agreement.

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International Trademark Registration Procedure

Wed, 19 Jun 2013 16:02:08 -0500

While planning to register your unique trademark, request the helping body to check its availability; you may also try to find its availability through Trademark Search Systems available. Once its availability is confirmed, prepare your application as per the guidelines and file your application using the respective trademark registration system or through Madrid System for the International Registration.

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Advantages Of Trademark Registration

Mon, 22 Apr 2013 09:21:42 -0500

The best way to secure your business identity, its market position, and commercial advantage is through trademark registration. Your business is a unique intellectual property, and you should protect it from infringement by other third parties.

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Popular Trademark Law Misconceptions

Mon, 01 Apr 2013 10:06:00 -0500

There are several popular trademark law misconceptions. This article helps to understand them and as a result helps to avoid losing your trademark.

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Trademark Protection in Licensing Deals Gone South

Mon, 25 Feb 2013 07:37:24 -0600

Most startup businesses work very hard to get a trademark for their company logo. This is a very wise idea and it prevents some copycats, but not all of them. Often people will try to pretend that you are partnering with them, and stick your logo on their website. Sometimes they will reason that if they've done some business with you then they can use the "partnering" terminology, something I believe has been so abused in recent years, perhaps even going back to the early 90s. If you allow one company to do it, other companies will follow suit.

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3 Steps to Establishing and Maintaining a Trademark

Fri, 22 Feb 2013 09:52:57 -0600

The United States Patent and Trademark Office defines several characteristics of a trademark. A trademark identifies and distinguishes a product or service against other similar goods or services.

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The New Era Of Tech Patent Wars - A Broader Perspective

Fri, 08 Feb 2013 14:38:40 -0600

It seems hard to imagine life these days without our beloved smart phones. They have affected nearly every facet of our daily lives to varying degrees and 15 years ago it would sound absurd to say that in the near future, everyone will have a device with the functionality of a computer, GPS, Camera, Audio device etc. in their pocket. However, it's also become a common occurrence to read about the latest big money law suit between the tech companies that have developed these technologies. And these aren't your run of the mill legal squabbles; we're talking about multi BILLION dollar law suits, waged over the rights to the intellectual property that allows for a controlling interest in the global tech market. And yet, such high stakes have just become a part of doing business but it raises questions about how much damage is caused to the industry in the process and could there be a better way to resolve these conflicts?

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Business Lawyer: Yes, You Do Need to Hire One Immediately

Fri, 11 Jan 2013 11:40:05 -0600

Business lawyer helps you to avoid legal complications while setting up your commercial outfit and also during subsequent years. His advice will enable you to avoid violating rules and rights and to protect your own rights as and when required.

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Register Your Brand On Twitter Before It Is Too Late

Thu, 03 Jan 2013 09:42:17 -0600

Twitter's trademark usage policies allow for third parties to register and use the trademarks of others. Failing to register and claim a company's valuable trademarks as usernames can be a real problem later when someone else starts using them. Best to be proactive in protecting trademarks.

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If It Walks Like A Duck And Quacks Like A Duck, It's A Trademark

Thu, 03 Jan 2013 08:04:00 -0600

Unlike patents and copyrights, the subject matter of which is strictly limited by statute, trademarks are not limited whatsoever by subject matter. Instead a trademark is defined by what it does, not by what it is. Thus, there are registered trademarks for things including colors, scents, movements, sounds, personae, photos, product designs, product packaging, architectural designs (exterior and interior), and other things that can not be easily categorized.

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Register a Trademark With a Qualified and Legal Trademark Registration Firm

Tue, 18 Dec 2012 10:08:40 -0600

There are many people out there who are inventors or creators and devise ways and means to make our lives easier or use their ideas to better this world that we live in. There are many products available that are created everyday and it is very important to ensure that a trademark is registered for each.

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How To Compare Trademark Registration Services Online

Fri, 14 Dec 2012 15:07:30 -0600

Finding the right website to register your valuable trademark assets is a daunting task. Trademark registration is simply a very confusing subject and unfortunately many of the websites that offer this service make it even more confusing for you. As just one example, many offer multiple packages to choose from.

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Protect Your Brand With a Registered Trademark

Mon, 03 Dec 2012 10:48:25 -0600

If you have put in the hard yards building and developing your brand then it is up to you to protect all of that hard work. Imagine how you would feel if consumers start to recognize your product or service only for someone else to start using your company name or logo. In order to protect your business it is vital you register a trademark so others cannot profit from your hard work. Here we will examine what a registered trademark is and the steps you can take to protect your developing brand.

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Trademark Registration: All You Need to Know

Mon, 03 Dec 2012 10:45:29 -0600

A trademark is a symbol, a word or a phrase that is used to define the source of goods from others similar. Owning a trademark has its advantages. A registered trademark prevents the product from being copied by another similar product. Trademark registration is not a very easy process. It needs one to be patient and thorough. This process can be undergone with or without involving a trademark lawyer. Let us have a look at the processes involved.

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New Zealand's Membership of the Madrid Protocol Trademark Registration System

Thu, 29 Nov 2012 09:10:22 -0600

After years of deliberation and calls to join the Madrid Protocol for the International Registration of Trademarks, on 10 December 2012, New Zealand will become party to this system, which permits Trademark owners to register their Trademark in a raft of countries, under cover of a single Registration that can be extended to other member countries, as required. From this date, Applicants will be able to designate New Zealand in a Madrid Protocol Registration, in the same way that can be done for many of the most important commercial nations/territories, such as the EU (Community Trademark), the USA, China, Japan and Australia. At present, Canada still sits outside of the system and requires a national Trademark Application to be filed.

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Croatia and the Community Trademark: The Implications

Tue, 27 Nov 2012 15:23:50 -0600

On 1 July 2013, Croatia will join the European Union and membership of the Community Trademark (CTM) will extend to 28 countries. At present, the 27 countries covered by the Community Trademark are Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, The Netherlands and the UK. At the date of accession, Croatia will be added to the countries protected by the Community Trademark (a cost effective mechanism to obtain pan-European registration under cover of a single Trademark Registration) and existing Community Trademark rights will extend to and be enforceable in Croatia, without the payment of additional filing fees.

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Steps to Protect Brands on Social Networking Sites - Terms of Use Agreements

Fri, 16 Nov 2012 09:49:29 -0600

Social media marketing is a business must-have. This article provides practical steps for protecting brands online so companies can leverage the power of social networking sites.

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The Chinese Trademark Trap

Tue, 13 Nov 2012 14:00:24 -0600

Businesses contracting for manufacturing in China are occasionally caught in the Chinese Trademark Trap. The trap is set when the Chinese manufacturer registers the trademarks on the manufactured product. The trap is sprung when the contracting business tries to switch manufacturers, and the current manufacturer threatens to shut down operations at the new manufacturer for trademark violations.

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What Are the Advantages of a Registered Trademark?

Fri, 09 Nov 2012 15:54:29 -0600

A trademark is a symbol or sign that can distinguish your services or products for those of your competitors. It may be designated by several symbols including the TM (Trade Mark) and SM (Service Mark), as well as the Circle-R or the federal registration symbol.

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Small Claims Track Aids Creative Rights Holders

Thu, 08 Nov 2012 11:53:42 -0600

With the advent of a new small claims track in the Patents County Court, SMEs and individuals can now enforce their creative and Intellectual Property rights with less formality, cost and increased speed. From 1 October 2012, the new small claims track came into being and is now available to any dispute relating to trademarks, passing off, copyright or unregistered designs, provided that the value of the claim does not exceed 5,000 GBP. Given the bar on the claim value, the procedure is not available to litigate patent or registered design rights. Interim injunctions are not available under the small claims track but final injunctions are.

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Trademark Clearinghouse: Be Prepared for the Generic Level Domain (GTLD) Explosion

Thu, 08 Nov 2012 11:50:26 -0600

The Internet Corporation for Assigned Names and Numbers (ICANN) has come up with an innovative solution, called "The Trademark Clearinghouse", designed to close the gap between domain names and registered trademark rights holders. The Trademark Clearinghouse will soon be incorporated into the new registration system for Generic Level Domains (gTLDs) to authenticate and protect registered trademark rights. There are different types of gTLDs, including geographical domains (for example, .scotland), community domains (such as .hiv), brand names (.ferrari) and generic/descriptive domains (such as .shop or .hairdresser).

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Main Benefits of Trademark Registration

Tue, 06 Nov 2012 10:13:24 -0600

Trademark registration is the most cost effective and quickest way to secure business identity, commercial advantage and market position. Many business owners do not realize the importance of securing their intellectual property rights using trademarks. Registering a trademark grants a bundle of exclusive rights that are only applicable to the owner. Here are a few legal and commercial advantages of trademark registration.

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Patents and Trademark Registration

Tue, 06 Nov 2012 09:46:37 -0600

As an inventor, or individual who has come up with a great idea, you must get a patent and register to ensure you get the trademark registration, so that no one or no company can steal your idea. You have to take the proper steps to ensure your name is tied to the product, service, or invention, and to ensure it is properly registered, so that no one else can use the idea that you have come up with, without your permission, or without first paying you some type of royalty for the use of the idea.

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Trademark Basics

Wed, 17 Oct 2012 12:02:49 -0500

What is a trademark? Should you instead "get a copyright" or "get a patent"? Understanding the basic facts about trademarks can avoid misunderstanding and give you the knowledge to protect your hard work and grow your business or other activities.

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Different Types of Trademark Application

Thu, 27 Sep 2012 14:22:41 -0500

This article briefly describes the different forms of trademark applications and when they are appropriate for your goals and situation. By understanding which application is best for you, you can better utilize your time and money.

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Protecting Brands From Infringement and Knock Offs - Part II Advanced Techniques

Mon, 17 Sep 2012 08:26:41 -0500

This article provide 6 advanced techniques to protect brands from counterfeiting, knock offs, and trademark infringement. The techniques include protecting against gray market goods, infringement in social media, and on eBay. Strategies include using Texas state law to take pre-suit depositions of suspected infringers and using Customs to stop infringing goods at the border.

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Protecting Brands From Knock Offs and Infringement - Part I

Mon, 10 Sep 2012 08:43:49 -0500

The following is a summary of basic and advanced tips I have developed for protecting clients' interests in their trademarks and brands. Techniques include registration of trademarks and trade dress, conducting intellectual property audits to uncover trademarks, proactively policing brands online, registering trademarks as domain names, recovering infringing domain names, and considerations when litigation is imminent.

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Enhance Your Economic Opportunities With an EB-5 Investor Visa

Thu, 30 Aug 2012 11:19:58 -0500

Taking a step to get the EB-5 visa is all you need to transform your business or investment plan. It's like killing two birds with one stone: enhancing your investment plan and getting citizenship. As a result, you shouldn't fear trying as each and every case is independently reviewed and eligibility of every applicant ascertained.

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You Can Trademark A Container, Let's Talk

Mon, 27 Aug 2012 07:52:35 -0500

As a former Franchisor Founder I spent a whole lot of my time making sure our business model was sound and our brand name was strong. That meant paying attention to all the details, including our trademarks and trade dress. Since we had basically conceived the mobile car washing industry on the West Coast, we were first to market, but hardly without immediate competition once we started making money. That meant we needed to have a strong differentiation at all times.

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Can You Trademark a Color in Your Industry? Yes, And a Tune Too

Mon, 27 Aug 2012 07:50:58 -0500

In the 1980s there were several books on business branding suggesting that companies and corporations should in fact appeal to all the known human senses with brand identification. This makes sense, and indeed, most all of this is trademark-able, as it has to do with "trade dress" and there's a bit of common law here protecting companies who use sounds, colors, taste, touch, and even smell.

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How to Stop Service and Trademark Violations By Competitors and Would-Be Start-Ups

Sun, 26 Aug 2012 21:31:17 -0500

Well, if you are in a small business of your own chances are a competitor or would-be start up has copied something you've done. Whereas, they say that imitation is the highest form of flattery, it isn't so great when someone copies what you are doing to steal your business or your customers away. My first experience with this was when I was 17 years old and I had been running a mobile car wash business, a service sector which I basically invented out in California in the late 70s and early 80s. I created flyers to pass out to customers.

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What is the Eb5 Investment Visa and Its Requirements?

Fri, 24 Aug 2012 13:56:29 -0500

Investing your hard earned money requires a lot of planning and good business ideas for you to get decent returns after the desired period of time. By applying and acquiring the eb-5 investment visa, you increase your chances of succeeding in business and thus growing your investment.

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Genuine Use of a Community Trademark - It's Not Where You Use But How You Use

Thu, 16 Aug 2012 15:53:36 -0500

The question of whether use of a Community Trademark in just one European Member State is "genuine use", sufficient to defeat a revocation action for non-use, has been a question on the lips of Trademark owners and practitioners alike since the inception of the Community Trade Mark. A recent opinion issued by the Attorney General in Leno Merken BV v Hegelkruis Beheer BV (149/11) has stated that the assessment of "genuine use" is not all about geography but instead, it is part of a market based assessment.

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Understanding Trademarks and Their Rights

Tue, 07 Aug 2012 15:40:00 -0500

Trademarks are all around us from the time we wake up in the morning and brew coffee to the time we take pain reliever at bedtime. In short, trademarks are source identifiers. They allow us to rely on a word and/or symbol to reassure us that the product we are buying is the one we know and trust in terms of quality. Trademark facilitates a mass production consumer economy.

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Why Having a Trademark Is Important

Thu, 02 Aug 2012 15:14:05 -0500

Have you ever thought about Trademarking your brand? Here's why you should. It's much cheaper than you may imagine!

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Protect Your Intellectual Property With The Help of A Trademark Attorney

Tue, 31 Jul 2012 15:21:03 -0500

By definition, a trademark is a word, symbol or indicator that is legally registered. An intellectual property, in general, is a creation of the mind and includes things like inventions, literary work, names, images, symbols, designs and artistic work used in trade. As the name suggests, we use trademarks in trade.

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Registering Trademarks: Why It Is Important for Your Business

Tue, 26 Jun 2012 11:15:26 -0500

A trademark is generally used to distinguish that one individual product, business organization, or legal entity is unique. It can come in the form of a phrase, logo, symbol, pattern, image, name, word, design or combinations of these. However, trademarks are not limited to these elements.

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Four Reasons Why You Should Hire a Trademark Attorney

Fri, 22 Jun 2012 15:43:23 -0500

Your brand name is unique and it makes your product stands out from the crowd. It also identifies your product so that the prospective consumers can recognize it easily. Brands are references for consumers; they speak about your product's quality.

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Can One Revive an Abandoned Trademark?

Wed, 13 Jun 2012 14:25:14 -0500

Trademark rights in the U.S. are based on actual use in commerce. But what happens when an old trademark registration expires, and one wants to revive it many years later?

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These news come from Legal:Trademarks Articles from EzineArticles.com.

Trademark Law & Lawyers Links

Trade Marks Act 1995 No - Comlaw Home


Trade Marks Act 1995. Act No. 119 of 1995 as amended. This compilation was prepared on 14 January 2011 taking into account amendments ..


Trade Marks Act 1995 - Comlaw Home


Items 18 - 23 – Trade Marks Act 1995. Series. Act No. 119 of 1995. Administered by: Innovation, Industry, Science and Research. Date of Assent 17 Oct 1995 ..


Application to Record Assignment or Transmission of a Trade Mark


information about any person, will be used for the purposes of the Trade Marks Act including, as appropriate: · to process your, or another person's, trade mark ..


Application for suspension of a trade mark opposition for the ..


information about any person, will be used for the purposes of the Trade Marks Act including, as appropriate: · to process your, or another person's, trade mark ..


Request to Amend a Trade Mark Application or Registration ..


information about any person, will be used for the purposes of the Trade Marks Act including, as appropriate: · to process your, or another person's, trade mark ..


Request for Expedited Examination of a Trade Mark Application


information about any person, will be used for the purposes of the Trade Marks Act including, as appropriate: · to process your, or another person's, trade mark ..


Application for removal of a registered trade mark for non use


The Trade Marks Act requires or authorises the Registrar of Trade Marks to disclose and publish the information provided in this form in specified circumstances, ..


Extension of time | IP Australia


After you file your application, The Trade Marks Act 1995 allows you 15 months from the date of the examiner's first report to meet any ..


Application for cessation of protection of a trade mark for non use


information about any person, will be used for the purposes of the Trade Marks Act including, as appropriate: · to process your, or another person's, trade mark ..


Trade Marks Act 1955 No - Comlaw Home


(3) For the purposes of this Act, a trade mark shall be deemed to be deceptively similar to another trade mark if it so nearly resembles that other trade mark as to ..


Application to Register a Trade Mark


information about any person, will be used for the purposes of the Trade Marks Act including, as appropriate: · to process your, or another person's, trade mark ..


Application for an Extension of Time under section 224


information about any person, will be used for the purposes of the Trade Marks Act including, as appropriate: · to process your, or another person's, trade mark ..


A review of the relationship between trade marks and business ..


73. 14 APPENDICES. 75. 14.1 Submissions to the Issues Paper. 75. 14.2 Consultations. 76. 14.3 Trade Marks Act 1995, Part 12—Infringement of Trade. Marks ..


APPLICATION GUIDE


provided in trade mark applications and other requests for service under the. Trade Marks Act 1995 (the Trade Marks Act). The information provided to us (the ..


Certification trade marks


Under the Trade Marks Act 1995, the ACCC has responsibilities in relation to the approval of CTMs. The ACCC's role involves assessing and approving rules for ..


Notice of Opposition


information about any person, will be used for the purposes of the Trade Marks Act including, as appropriate: · to process your, or another person's, trade mark ..


Information Publication Scheme (IPS) | IP Australia


Commissioner of Patents-section 207 of the Patents Act 1990;; Registrar of Trade Marks-section 201 of the Trade Marks Act 1995;; Registrar of ..


AUSTRALIA PATENTS ACT 1990 & TRADE MARK ACT 1995


The Secretary, Professional Standards Board for Patent and Trade Marks Attorneys, PO Box 200, Woden ACT 2606. (Insert title and name). AUSTRALIA ..


Notice of Opposition


The Trade Marks Act requires or authorises the Registrar of Trade Marks to disclose and .. that has been sought under section 224 of the Trade Marks Act 1995.


Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011


However, section 28 of the Plain Packaging Act deals with the operation of that Act and the Trade Marks Act, in a way that is intended to ensure ..


Review of penalties and additional damages - Trade Marks Act 1995 ..


- Stakeholders have raised concerns that the remedies currently availably for civil action under the Trade Marks Act are insufficient and have suggested that ..


What is a trade mark opposition | IP Australia


For oppositions to applications to remove a trade mark from the register on grounds of non-use see Part 9 of the Act, and Part 5 and Part 9 of ..


Trade Mark Online Fee Payment Form Registration/Renewal


Trade Marks Act 1995. Trade Mark Online Fee Payment Form. Registration/Renewal. Instructions: 1. Enter the Trade Mark number in the table below and click ..


SNIPER Bulletin November 2011


existing Trade Mark Act 1976 -- replace it with a new Act -- proposed amendments facilitate. Malaysia's accession to the Madrid Protocol ..


Trade Marks Act 1955 - Comlaw Home


Repealed/Ceased. Date of Ceasing: Ceased 01 Jan 1996 on the first moment of the day. Reason for Ceasing: Repealed by Trade Marks Act 1995 ..


Trade Marks Act 1955 No - Comlaw Home


2115) Trade Marks Act 1958 42, 1958 23 Sept 1958 23 Sept 1958 - Statute Law Revision (Decimal Currency) Act 1966 93, 1966 29 Oct 1966 1 Dec 1966 ..


Trade Marks Amendment Act 2006


Trade Marks Act 1995 3. Part 2—Amendments .. An Act to amend the Trade Marks Act 1995, and for related purposes. [Assented to 23 October ..


Trade Marks Amendment (Madrid Protocol) Bill 2000 (Bills Digest 20 ..


Items 1 - 13 – To amend the Trade Marks Act 1995 to give effect to the provisions of the Madrid Protocol which deal with the international registration of trade marks ..


Timothy D Somerville Act. Spec. 1B-Jst


WODEN ACT 2606 BY EXPRESS POST. Dear Sir,. 1P Australiil. Re : Trade Mark Application number 1239645 0 6 OCT ZQQQ .. TRADE MARKS ACT 1995 ..


Trade mark - IP Australia


circumstances under subsection 41(5) of the Trade Marks Act. 1995. Due to the .. This mark was registered under the Trade Mark Act 1955 in Part A. Standard ..


Trade marks -


Results 1 - 20 of 21 – Otherwise an extension of time under the provisions of Section 224 of the Trade Marks Act 1995 must be applied for. IP Australia, Federal ..


Guide to lodging a Notice of Objection under the Trade Marks Act 1995


Under the Trade Marks Act 1995. Contents. 1. Notice of Objection Form – Trade Marks Act 1995 (B1025)......................3. 2. Trade Mark Schedule.


A guide to applying for your TRADEMARKS Trade Mark Robust ..


Rich Text Format - The Trade Marks Act requires or authorises the Registrar of Trade Marks to disclose and publish the information provided to us in specified circumstances, ..


TRADE MARKS ACT 1995 - Australian Customs Service


The operation of the Customs seizure provisions of the Act was originally published in ACN 96/01. To assist trade mark owners and importers ..


REVIEW OF TRADE MARK ENFORCEMENT


relevant offences in the Trade Marks Act 1995 should be undertaken. As not .. amendments will be made to the Trade Marks Act to achieve the same purpose.


Patent, trademark and design records in Brisbane – Fact sheet 245 ..


As legislation of the new Commonwealth government came into force (the Patents Act 1903, commenced 1 June 1904; the Trademarks Act 1905, commenced 2 ..


Professional Standards Board - Trade Marks Attorney Registration


Only registered trade marks attorneys, patent attorneys, legal practitioners or people with the right to practise as trade marks agents under the Trade Marks Act ..


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With regard to The Examiner's objection under Section 44 of the Trademarks Act. 1995, it is submitted that the Applicant is entitled to register her trademark on ..


Intellectual Property and International Trade - Department of Foreign ..


the Trade Practices Act 1974 which prevents misleading conduct, including representations concerning the place of origin of goods; the Trade Marks Act 1995 ..


Trade mark FAQs | IP Australia


Under the Trade Marks Act 1995, you can apply for two or more trade marks that that closely resemble each other on one application.


OCBA - Trade marks


IP Australia is a Commonwealth Government agency which administers the Trade Marks Act. A trade mark is a letter, word, phrase, sound, ..


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We act for Automotive Diagnostics Limited, the applicant of Trade Mark Application .. ln this part you will find section 224 of the Trade Marks Act 1995 in full.


Commission


with the provisions of the Trade Marks Act 1995, has completed its final assessment of Certification Trade Mark (CTM) No. 1171337 lodged by New Zealand ..


Submission to the ACIP - Advisory Council on Intellectual Property


desired rights and protection granted by the Trade Marks Act. The IPC also .. The IPC also appreciates that the Trade Marks Office is constrained to act in a cost ..


Certification trade marks: the role of the ACCC

Sydney Philip Macken "st Trevor Davies rs James Dwyer st Philip ..


Trade Marks Act 1995-—Secfi0n 107 or 109 f1_v,='-:§; .. Act I995 (Cth) of the Australian trade mark Application described in the schedule. (the Application) ..


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similar to yours" in contravention of Section 41 of the Trade Marks Act 1965. We understand thatthls objection arises because the mark is seen as a slogan, but ..


Dealing with trade mark oppositions | IP Australia


Generally, these oppositions are based on claims that the trade mark has been properly used within the relevant time period set by the Act.


~ middletons


Trade Marks Act 1995 TM/00/014. Section 215216. ' Notification of Change of Name/Address/Address for Service Regu|ation21.3. Revised 11/00. Trade M.\lo(s) ..


'7 MAY 20\0


provisions ofthe Trade Marks Act 1995, has completed its final assessment ofCertification. Trade Mark (CTM) No. 1289852. A certificate detailing the ACCC's ..


Australian


provisions of the Trade Marks Act 1991', has completed its final assessment of the above. Certification Trade Mark applications. A certificate detailing the ..


Final assessment of Certification Trade Mark application 1047725 ..


requirements of the Trade Marks Act I 995, has completed its Final Assessment of the above. Certification Trade Mark (CTM) application. The ACCC's Final ..


Final Assessment of Certification Trade Mark Application 1288975


The Australian Competition and Consumer Commission (the ACCC), in accordance with the requirements of the Trade Marks Act 1995, has completed its Final ..


INDUSTRIAL PROPERTY ADVISORY COMMITTEE REPORT ON ..


Section 103 of the Trade Marks Act provides that, under cer- tain circumstances, a prohibition may be placed on the importation of goods manufactured outside ..


Parliament of Australia: Senate: Committees: Legal and ..


The key issue raised in relation to the TM Bill was the Henry VIII clause in proposed new section 231A of the Trade Marks Act. In relation to the TPP Bill, and the ..


QUT Cileflt F971 BMC:SDE:240752


SAI Global applies under Subsection 178(1) of the Trade Marks Act 1995 for approval to vary the Rules governing registered certification trade mark no. 544684 ..


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with the provisions of the Trade Marks Act 1995, has completed its final assessment of the above Certification Trade Mark. A copy of the certificate detailing the ..


Our Ref: T27809AUO0 11> Austrfilla =


Trade Marks Act 1995 on the basis of earlier filed trade mark nos. 1286317 and. 1374663. In this regard, the enclosed statutory declaration provides evidence of ..


IP Australia -


Results 1 - 20 of 64 – Otherwise an extension of time under the provisions of Section 224 of the Trade Marks Act 1995 must be applied for. IP Australia, Federal ..


Commission


The Australian Competition and Consumer Commission (the Commission), in accordance with the requirements of the Trade Marks Act 1995, has completed its ..


Submission on Draft Intellectual Property Laws Amendment (Raising ..


Our submission is limited to the issue of the proposed new s 41 of the Trade Marks Act 1995. (Cth) contained in Sch 6, item 112 of the draft Intellectual Property ..


Final Assessment of application to vary the rules governing ..


requirements of the Trade Marks Act I995, has completed its Final Assessment of the above. Certification Trade Mark (CTM) application. The ACCC's Final ..


Trade Marks and Other Legislation Amendment Bill 2001 (Bills ..


The Trade Marks Act 1995 (Principal Act) repealed the 1955 Act. It also repealed the Trade Marks Act 1994, which was enacted by Parliament the previous year ..


Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 ..


Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 No. , 2011 ii. Part 2—Trade Mark offences. 67. Trade Marks Act 1995. 67. Part 3—Relief for ..


EXAMJNER'S REPORT ON i' 1 JUL 1930


_. 3. The provisions of Section 36 of the Act are applicable to the above numbered trade mark when registered for the purpose of association of the mark with the ..


Australian


The Australian Competition and Consumer Commission (the Commission), in accordance with the requirements of the Trade Marks Act I995, has completed its ..


Q I .


Q I . COMMONWEALTH OF AUSTRALIA. Trade Marks Act 1995. IN THE MATTER OF Australian Trade Mark. Application No. 1399405 in the name of Marine ..


Submission: Trade Marks Amendment (Tobacco Plain Packaging ..


Plain Packaging Act, by prohibiting the display of trademarks and logos, .. The TMA Bill would add a new Section 231A to the Trade Marks Act.


Submission: Trade Marks Amendment (Tobacco Plain Packaging ..


Plain Packaging Act will not affect the ability of trade mark owners to protect .. and the Trade Marks Act that cannot be dealt with under the Tobacco Plain ..


BULLETIN


by M Trainer - 2010 - Protocol explained -- amendments to India's Trade Mark Act -- vulnerability of applications. Subject: Madrid Agreement Concerning the International Registration ..


iii DIBBSBARKER


ECLAIMS trade mark be accepted pursuant to section 41(5) of the Trade Marks Act 1995. (Cth). With respect, we disagree with the maintenance of the ..


Comments by Intel Corporation REDUCING DELAYS IN ..


Intel generally supports and agrees with the proposed amendments to section 126 of the Trade Marks. Act to give the Court the discretion to award additional ..


BULLETIN


registrar -- accession to Madrid Protocol -- amendments to the Trademarks Act 1999 -- modernisation of the national office --converting records to electronic ..


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TRADE MARKS ACT 1995. IN THE MATTER OF Australian Trade Mark. Application No. 1331096 in the name of VIP. Petfoods Asset Management Pty Ltd ("the ..


Why Register - Professional Standards Board - Patent Attorney ..


Only registered trade marks attorneys, patent attorneys, legal practitioners or people with the right to practise as trade marks agents under the Trade Marks Act ..


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Act 1968, S.25C(1) Designs Act 1906, S.13(2) Patents Act 1990, S.57(2). Trade Marks Act 1955) and the general law, it is clear that intellectual ..


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The Australian Competition and Consumer Commission (the Commission), in accordance with the requirements of the Trade Marks Act 1995, has completed its ..


Letter 1 Mutual Assistance Review


- PO Box 200. WODEN ACT 2606. Dear Mr Powell. Review of the discipline regime for patent and trade mark attorneys. Thank you for seeking the comments of ..


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I.P. Australia. PO Box 200. Woden, ACT. 2606. RE: Deed of assignment of Trade Mark number 609121 "EMPI". To Whom it may concern ,. I, Gary Leonard Collis, ..


Public enforcement of intellectual property rights


by G Urbas - - Trademarks Act 1995 (Cwlth), though not in other. Commonwealth intellectual property legislation such as the. Designs Act 1906, Circuit Layouts. Act 1989 and ..


Australian


requirements of the Trade Marks Act 1995, has completed its Final Assessment of the above. Certification Trade Mark (CTM) application. The Commission's ..


Commonwealth of Australia


with the requirements of Section 175(2) of the Trade Marks Act 1995 makes the following decision in regard to Certification Trade Mark Nos. 703607, 704634 ..


Glossary to Rules for UniSit Certified Trademark Application No ..


Act: the Australian Trade Marks Act 1995 together with subsequent amendments. Agent: a person or organization, representing or acting for another person or ..


Small Business Superannuation Clearing House trademark ..


any unauthorised use of the Clearing House trademark may. (c) constitute a breach of the Trade Practices Act 1974 (Cth) and the Trade Marks Act 1995 (Cth) ..


IP Australia Files | IP Australia


CONSEQUENTIAL AMENDMENTS TO TRADE MARKS ACT 1995 AND PATENTS ACT 1990 MADE BY CRIMES AMENDMENT (SERIOUS ..


APPLICATION GUIDE


be or include a trade mark that is registered, or whose registration is being sought, under the Trade Marks Act 1995, in respect of live plants, plant cells and plant ..


History of Aussie innovations | IP Australia


Commonwealth Trade Marks Act 1903 passed. 1906. Commonwealth Designs Act 1906 passed; registration of trade marks joins federal Patent ..+


Business names - NSW Fair Trading


Under the Business Names Act 2002, if you choose a name for your .. will not prevent the name being used by somebody who has registered it as a trade mark.


. Declaration


Application for an Extension of Time under section 224 of the Trade Marks Act 1995. Australlan Government. IP Australia. Part 3 Declaration in support of ..


SECURITY UNDER SECTION 133 - DEED OF UNDERTAKING


Trade Marks Act 1995. SECURITY UNDER SECTION 133 - DEED OF UNDERTAKING. THE DEED IS MADE on the day of. 20. BY of hereinafter referred to as ..


AUSTRALIAN CUSTOMS NOTICE NO. 2007/49


The Trade Marks Act 1995 allows the registered owner, or in certain circumstances, the authorised user of a trade mark to lodge a Notice of Objection with the ..


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requirements of the Trade Marks Act 1995, has completed its Final Assessment of the above. Certification Trade Mark (CTM) application. The ACCC's Final ..


INSTRUCTIONS AND GUIDELINES


Instruction & Guideline for Significant Find Reporting for the Customs National. Operations Centre (CNOC). Legislation: ▪ Customs Act 1901. ▪ Trade Marks Act ..


SNIPER Bulletin


by J Wild - 2011 2011/01877. Author: Müller, Tobias Malte. Title: Applying the law: European courts act on AdWords. Source: World Trademark Review. No.


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Trade Marks Act 1995 ., Application To Register a Certification Trade Mark. Applicant: Wireless Ethernet Compatibility Alliance, Inc., a corporation organised and ..


Trade marks


A registered trade mark under the Trade Marks Act 1995 gives you the exclusive legal right to use, license and sell your intellectual asset in Australia. The owner ..


COUNTRY GOVERNMENT PATENT OFFICE IP FIRMS ..


Trademarks Regulations 1995 hosted on the ScalePlus website*. • Olympic Insignia Protection Act 1987. Olympic Insignia Protection Act 1987 hosted on ..


Extension of the jurisdiction of patent, trade mark and design matters ..


1990, the Trade Marks Act 1995, the Designs Act 1906 and the regulations relevant to this legislation. As the designs legislation is currently in the process of ..


Phone: 02 9525 0111 17/34 Martin lace y ,


WODEN ACT 2606. Dear Sir. Re Australian Trade Mark Application No. 1287659 for the mark MACEDONIAN ORTHODOX. CHURCH Logo in the name of ..


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QMLWMWPWQ Trade Marks Act 1995. App ication for an Extension of Time under Section 224. Trade Mark NO.(S) (Please enter in numeric order) in the name ..


Home Page | IP Australia


TM HEADSTART. Get online, not in line. TM Headstart is a fast way to check if your trade mark may be registrable before you actually apply. MORE INFO ..


Certification Trade Mark Rules


Certification Trade Mark Rules. Definitions. "Trade Mark" means the CIMA CERTIFIED INVESTMENT MANAGEMENT ANALYST & Device as represented in ..


CERTIFICATION TRADEMARK REGULATIONS


CERTIFICATION TRADEMARK REGULATIONS l hesc regulations govern the use of the Certification 'l"rademarl< "TCO CER'l'iFlED". DEFINITIONS ..


Reg. No. 7331857


The present regulations are made according to the "Trademark Law of the. People's Republic of China" , "lmplementing Regulations of Trademark Law of ..


Review of penalties and additional damages - Trade Marks Act 1995 ..


- There are enforcement mechanisms for these issues outside of trade mark law, such as in the Therapeutic Goods Act 1989 (Cth) and the Trade Practices Act ..


A review of the relationship between trade marks and business ..


Institute of Patent and Trade Mark Attorneys of Australia. LIV. Law Institute of Victoria. NNI. National Names Index. NOIE. National Office for the Information ..


SNIPER Bulletin November 2011


existing Trade Mark Act 1976 -- replace it with a new Act -- proposed amendments facilitate. Malaysia's accession to the Madrid Protocol ..


Request for Expedited Examination of a Trade Mark Application


information about any person, will be used for the purposes of the Trade Marks Act including, as appropriate: · to process your, or another person's, trade mark ..


Notice of Opposition


information about any person, will be used for the purposes of the Trade Marks Act including, as appropriate: · to process your, or another person's, trade mark ..


Submission on Draft Intellectual Property Laws Amendment (Raising ..


stage under the current Act, and how these ought to be overcome, in 3.2(b) below. 3 See Robert Burrell and Michael Handler, Australian Trade Mark Law ..


Commission


with the requirements of the Trade Marks Act 1995, has completed its Final Assessment of the above Certification Trade Mark (CTM) application.


Professional Standards Board - Patent Attorney Registration


A - Legal Process and Overview of Intellectual Property; B - Professional Conduct; C - Trade Mark Law; D - Trade Mark Practice; E - Patent Law; F - Patent ..


September 15, 2011 By email:indafta@dfat.gov.au Australia-India ..


trademarks and the development of trademark law, and INTA represents .. practice law firms, service firms, trademark consultants and academic institutions.


Regulation for the Use of the Collective Trademark "QR???"


is made in accordance with the Trademark Law of the Peoples Republic of China, and the. Procedures for the Registration and Administration of Collective ..


Trade Marks Act 1995 No - Comlaw Home


For example, the word "owner" has been used where the previous Act referred to the proprietor of a trade mark. No difference in meaning is ..


Application to Register a Trade Mark


information about any person, will be used for the purposes of the Trade Marks Act including, as appropriate: · to process your, or another person's, trade mark ..


REVIEW OF TRADE MARK ENFORCEMENT


IPTA. Institute of Patent and Trade Mark Attorneys of Australia. LCA. Law Council of Australia. LIV. Law Institute of Victoria. SMEs. Small to Medium Enterprises ..


Parliament of Australia: Senate: Committees: Legal and ..


First, trademark law is complex; new and idiosyncratic trademark disputes often arise. And when new legislation is introduced affecting the operation of ..


Parliamentary Library Briefing Book: Key Issues for the 43rd ..


In response to such claims it has been argued by some legal and public health commentators that the purpose of trademark law is not limited to ..


Application for an Extension of Time under section 224


information about any person, will be used for the purposes of the Trade Marks Act including, as appropriate: · to process your, or another person's, trade mark ..


Chapter 3: Singapore Treaty on the Law of Trademarks


Background. 3.2. The Singapore Treaty revises and updates the Trademark Law Treaty, .. Singapore Treaty does not completely supersede the Trademark Law ..


Glossary to Rules for UniSit Certified Trademark Application No ..


Glossary to Rules for UniSit Certified Trademark Application No. 1132251. In these rules, the words and expressions below and in bold, will have the meaning ..


Visiting Patent & Trade Mark Attorney Program 1800 636 588


Visiting Patent & Trade Mark Attorney Program. Davies Collison Cave, Patent & Trade Mark Attorneys, together with its associated intellectual property law firm ..


Business Victoria - Starting and Managing a Business - Protecting ..


Business names, secret processes, trademarks, designs and the work you .. (ipta.com.au) Provides access to attorneys specialising in patent and trademark law ..


October 27, 2011 Assistant Secretary, Tobacco Control Taskforce ..


for non-cigarette tobacco products that will be included in the Tobacco Plain Packaging Regulations 2011 are a serious encroachment on the rights of trademark ..


Trade Marks Regulations 1995


16.12 Publication of rules 78. Part 17 Defensive trade marks. 17.1 Evidence in support of applications 80. 17.2 Defensive trade mark based on ..


SNIPER Bulletin


Subject: Trade mark infringement--China. SNIPER No.: 2010/00118. Author: Guo, Shoukang. Title: Are Chinese intellectual property laws consistent with the ..


IP Australia Files | IP Australia


DOMESTIC POLICY: REVIEW OF TRADE MARK PENALTIES 2008 - SUBMISSIONS, C2009/11254. DRAFTING OF STATUTE LAW REVISION ..


BULLETIN


by E Lappa - 2010Subject: Trade mark cancellation--case law--Europe .. times -- Medieval guilds -- British Trade Mark Act -- development of moveable type by Gutenburg -- ..


APPLICATION GUIDE


purposes of the Trade Marks Act including, as appropriate: • to process your, or another person's, trade mark application;. • to process a request or notice in ..


Trade Marks Amendment (Madrid Protocol) Bill 2000 (Bills Digest 20 ..


Items 1 - 13 – The use of a trade mark is important as an identifier of who is responsible for a product and its quality. Section 17 of the Trade Marks Act 1995 (Trade ..


BULLETIN


by M Trainer - 2010 - Protocol explained -- amendments to India's Trade Mark Act -- vulnerability of applications. Subject: Madrid Agreement Concerning the International Registration ..


Final Assessment of Certification Trade Mark Application 1288975


requirements of the Trade Marks Act 1995, has completed its Final Assessment of the above. Certification Trade Mark (CTM) application. The ACCC's Final ..


SNIPER Bulletin


by J Wild - 2011 Summary: European trade mark law -- use of trade marks as keywords .. trade mark services over conventional law firms -- economies of scale ..


BULLETIN


by BA Gerstenblith - 2011 - Subject: Trade mark opposition--law and legislation--Australia .. provisions of Finland's trade mark law -- spare parts and accessories -- questions referred to the ..


Professional Standards Board - links


Topic Group D - Trade Mark Practices · Topic Group E - Patent Law · Topic Group F - Patent System · Topic Group G - Drafting Patent Specifications - Question 1 ..


Exemptions - Professional Standards Board - Patent Attorney ..


Group A - Legal Process and Overview of Intellectual Property PDF Group B - Professional Conduct PDF Group C - Trade Mark Law PDF Group D - Trade Mark ..


Contrasts in Intellectual Property Enforcement in Australia and


- Unlike Australia, China is a civil law country and has adopted many aspects of the German law system. Since the Trademark Law of the People's Republic of ..


Letter 1 Mutual Assistance Review


- PO Box 200. WODEN ACT 2606. Dear Mr Powell. Review of the discipline regime for patent and trade mark attorneys. Thank you for seeking the comments of ..


Timothy D Somerville Act. Spec. 1B-Jst


Trade Mark Examiner. 1P Australia. PO Box 200. WODEN ACT 2606 BY EXPRESS POST. Dear Sir,. 1P Australiil. Re : Trade Mark Application number 1239645 ..


Information Publication Scheme (IPS) | IP Australia


Trade Mark examiner FAQs .. Part II of the Freedom of Information Act 1982 (FOI Act) establishes the Information Publication Scheme (IPS) for ..


- 3260269_1.DOC


Rich Text Format - No equivalent qualification exists in New Zealand, although many patent attorneys specialise in trademark law. Mutual recognition under the TTMRA, and the ..


COUNTRY GOVERNMENT PATENT OFFICE IP FIRMS ..


Trademarks Regulations 1995 hosted on the ScalePlus website*. • Olympic Insignia Protection Act 1987. Olympic Insignia Protection Act 1987 hosted on ..


Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011


The Plain Packaging Act prevents a trade mark from being placed on tobacco products or their retail packaging, so as to prevent trade marks ..


Submission: Trade Marks Amendment (Tobacco Plain Packaging ..


impairment of trademark rights would violate international trade law, including TRIPS and the .. If trademark law can be altered at the whim of ..


EXAMJNER'S REPORT ON i' 1 JUL 1930


The provisions of Section 36 of the Act are applicable to the above numbered trade mark when registered for the purpose of association of the mark with the ..


The following rules govern the use of the Institute of Inspection ..


The following rules govern the use of the Institute of. Inspection, Cleaning and Restoration Certification' s Trade Mark -. IICRC (Application N0. 1208262) . 1.


Professional Standards Board - Trade Marks Attorney Registration


Group A - Legal Process and Overview of Intellectual Property; PDF Group B - Professional Conduct; PDF Group C - Trade Mark Law; PDF Group D - Trade Mark ..


BULLETIN


Source: Australian Intellectual Property Law Bulletin. Vol. 24 No. 3, 2011, pp. 65-69. Summary: Procedures for accessing trade mark documents ..


Trade mark - IP Australia


(Section 41 Trade Marks Act 1995). My reasons for not accepting your application: The word WEBB which is a dominant element in your trade mark is also the ..


IP protection in New Zealand | IP Australia


Unregistered trade marks may in some cases be protected under common law in New Zealand. However, a registered trade mark confers ..


BULLETIN


Subject: Trade mark infringement--case law--Germany ... goods of trade mark -- coverage of similar goods -- Korean Trademark Act examined -- calculating ..


Submission: Trade Marks Amendment (Tobacco Plain Packaging ..


enable the Government to introduce regulations over-riding trade mark law. This is an unusual and alarming extension of executive power. Whilst: • The stated ..


Certification trade marks


A certification trade mark (CTM) indicates to consumers that a product or service .. is required before CTMs can be registered under the Trade Marks Act 1995.


SNIPER Bulletin


Subject: Trade mark use--case law .. Subject: Trade mark infringement--case law .. bad faith as "a trade mark law inbuilt unfair competition rule" -- doctrine of ..


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with the requirements of the Trade Marks Act 1995, has completed its Final Assessment of the above Certification Trade Mark (CTM) application.


List of Lawyers - Australian Embassy


..

to Commercial, Civil, Criminal Laws; Labour Disputes and Arbitration, Family Law, State Administration and Trademark and Patent (Intellectual Property).


A guide to applying for your TRADEMARKS Trade Mark Robust ..


Information Publication Scheme


IP Australia is an agency subject to the Freedom of Information Act 1982 (FOI Act) and ... representatives from the Institute of Patent and Trade Mark Attorneys of ..


TRIPS implementation in Australia


- Trade marks. The emergence of TRIPS obligations with respect to trademark law influenced and complemented a parallel domestic reform process in Australia.


APPLICATION GUIDE


be or include a trade mark that is registered, or whose registration is being sought, under the Trade Marks Act 1995, in respect of live plants, plant cells and plant ..


New Inventors: Submit an Invention: Application Fact Sheet


Some common mechanisms for protecting intellectual property include copyright, patents and trademarks. Laws that provide protection of intellectual property ..


Submission: Trade Marks Amendment (Tobacco Plain Packaging ..


procedures globally, possibly contravening The Trademark Law Treaty (1994), The Singapore Treaty on the Law of Trademarks (2006 ), all of ..


Australian


with the requirements of the Trade Marks Act I995, has completed its Final Assessment of the above Certification Trade Mark (CTM) application. c ..


Australia China Legal Profession Development Program Research ..


Law to be effective since October 27, 2001) to reiterate the pre-litigation injunction and pre-litigation asset preservation system(Article 57 of Trademark Law and ..


Bills Digest no. 52, 2006–07-Trade Marks Amendment Bill 2006


A common law trade mark is a mark for which a person has developed a reputation. The legal mechanism by which they are protected is by ..


Trade mark FAQs | IP Australia


Under the Trade Marks Act, if a trade mark is not capable of distinguishing the goods or services of the applicant, the trade mark must be ..


BULLETIN


whether allowing co-registrants is contrary to principles of trade mark law. .. under the Lanham Trademark Act -- scandalous trade marks -- disparaging trade ..


Registering your trade mark | Business and industry | Queensland ..


If it is, you can apply for registration under the Trade Marks Act 1995. Learn more about registering a trade mark on the IP Australia website.


Submission: Trade Marks Amendment (Tobacco Plain Packaging ..


trademark. In many countries registration may be refused if the use is contrary to law — which clearly would not be the case for a product such ..


BULLETIN


Subject: Trade mark ownership--case law--Europe. Subject: .. particularly the theoretical underpinnings of trade mark law as commercial property -- trade marks ..


Australian


Rules Governing the Use of Certification Trade Mark. FM Approvals .. FM Approvals LLC -2- Rules Governing Use of a Certification Trade Mark. Background ..


Final Assessment of application to vary the rules governing ..


requirements of the Trade Marks Act I995, has completed its Final Assessment of the above. Certification Trade Mark (CTM) application. The ACCC's Final ..


Commonwealth of Australia


with the requirements of Section 175(2) of the Trade Marks Act 1995 makes the following decision in regard to Certification Trade Mark Nos. 703607, 704634 ..


BULLETIN


Summary: Work titles protected under German Trade Mark Act -- under same terms as trade names and other business designations -- priority date can be ..


Trade Marks Act 1995


frequently throughout this Act. Part 3: Explains what is a trade mark and sets out the rights given by this Act to the registered owner and any ..


22 June 2011


WODEN ACT 2606. Attention Tabitha Klippan. By Express Post. \QIU6/00. Our Ref: GR:10-0117. TRADEMARK REGISTRATION NO 537414 IN THE NAME OF ..


Australian


requirements of the Trade Marks Act 1995, has completed its Final Assessment of the above. Certification Trade Mark (CTM) application. The Commission's ..


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WODEN ACT 2606 RECENED. Dear Sirs,. Trade Mark Application 1318315. Form 00011 - Extension of Time under section 224. We act for Automotive ..


STANDING COMMITTEE ON THE LAW OF TRADEMARKS ..


by S Session - 2001 - STANDING COMMITTEE ON THE LAW OF TRADEMARKS,. INDUSTRIAL DESIGNS AND GEOGRAPHICAL INDICATIONS. Sixth Session. Geneva, March 12 to ..


Professional Standards Board - Registered Attorneys


Voluntary removal is applied for under [Regulation 20.26 of the Patents Regulations] or trade mark attorney [Regulation 20.14 of the Trade Marks Regulations].


TEQUILA


Mexico manufactured in compliance with Mexican law and standards including the. NOM. 4.3 Trademark registrations and applications. For all trademark ..


City of Nedlands - Copyright


You agree to comply with all applicable laws, statutes, rules and regulations .. You may not frame any trademark, logo, or other proprietary information on this ..


INDUSTRIAL PROPERTY ADVISORY COMMITTEE REPORT ON ..


REGISTERED TRADE MARK. SUMMARY _'. Section 103 of the Trade Marks Act provides that, under cer- tain circumstances, a prohibition may be placed on ..


The ADVISORY COUNCIL on INTELLECTUAL PROPERTY (ACIP ..


succeed I obtaining a .com.au name containing they would then fall under the tort of passing off and the Trade Marks Act 1995. Strengthening of trade mark laws ..


complying with customs


Trade mark infringements. Trade mark laws provide for the registration of trade marks and the proprietors and users of those trade marks.


~ V USING QUALITY AS~SURI€D' TRAJ = E MARKS


Assured Trade Mark or otherwise approves the use and application" of a Quality. Assured Trade Mark in accordance with the rules contained in this document.


Fashion Rules - IP Australia - Ask an expert


The reputation of your trading name, logo or brand (a mark) may be protected through trade mark registration or alternatively, relying on the common law to ..


Public enforcement of intellectual property rights


by G Urbas - - Trademarks Act 1995 (Cwlth), though not in other. Commonwealth intellectual property legislation such as the. Designs Act 1906, Circuit Layouts. Act 1989 and ..


Îf·²v+Œ8óı Š<Ò°2½ òº8fÝy ô;ŸÝ"j,=¶jŒjE« "Eıg—;(Ù¼N-Q #ʈ¶Y ..


In relation to trademarks, there does not appear to be any provision in the Trademarks Act 1955 which would allow a trademark to be conveyed ..


Fashion Rules - IP Australia - Frequently Asked Questions


A: If a trade mark is not registered and another person uses it, the owner may have to take passing off action under the common law to stop the infringement.


Australia-United States Free Trade Agreement: Chapter Seventeen ..


(f) the Trademark Law Treaty (1994);. (g) the Paris Convention for the Protection of Industrial Property (1967) (the Paris Convention); and. (h) the Berne ..


CATTLECARE / FLOCKCARE H E 1 (


1.2. 3.0. C:\W[NDOWS\TEMl'\QA Tick Oz map Rules - DRAFT (l).doc. "Mark" means the certification trademark (C83 5014) as represented in Appendix A; ..


Dimitrios G Eliades


The Act. As we know, the registration of a shape mark is accommodated by the introduction in the 1995 Trade Marks Act of an expanded definition of 'trade mark' ..


THE HON NICOLA ROXON MP Minister for Health and Ageing


[T]he plain packaging of tobacco products is not a violation of trademark law or policy. Second, the plain packaging of tobacco products is ..


RULES FOR USE OF THE CERTIFICATION TRADE MARK ..


RULES FOR USE OF THE CERTIFICATION TRADE MARK. APPLICATION 1354620 FOR MFAA ASSOCIATE CREDIT ADVISER. 1. Definitions. "ACCC" means ..


To whom it may concern, I am a senior lecture - Advisory Council on ..


articles and a book chapter on copyright law, patent law, trademark law, and defamation law. I have also edited a special collection on patent law and biological ..


Sydney Philip Macken "st Trevor Davies rs James Dwyer st Philip ..


PO Box 200. WODEN ACT 2606. Dear Madam. Australian Trade Mark Application No 1131636. For STEVE MAGLIERI. In the name of Maglieri Wines Pty Ltd ..


~ middletons


Application to Record Assignment for Trade Mark. We act for Ozdare Corporation Pty Ltd. Please find enclosed: 1. Application to Record Assignment or ..


Eat Safe Brisbane Logo


Please note: The Eat Safe Brisbane logo is protected by law and is a registered trademark of Brisbane City Council under the Trade Marks Act 1995 (Cth). 1.


Lists a description of the focus different IP professionals have | IP ..


Patent and trade mark attorneys can help you protect valuable income-earning IP by providing a depth of national and international knowledge ..


Professional Standards Board - Patent Attorney Registration


Profesional Standards Board for Patent and Trademark Attorneys .. To apply to become a patent attorney, you must meet the following requirements: ..


- 3260269_1.DOC


Rich Text Format - Enables us to continue using the term "trade mark attorneys", including in relation to .. Allowing true MDPs of patent attorneys, trade mark attorneys and lawyers ..


PATENT & TRADE MARK ATTORNEYS Single Trans-Tasman ..


Rich Text Format - PATENT & TRADE MARK ATTORNEYS. Single Trans-Tasman Regulatory Framework for Patent Attorneys. Submission of Henry Hughes Patent Attorneys, May ..


Lawyers & Solicitors - Community - Government of South Australia


Collison & Co are a Patent and Trade Mark attorney firm having been serving clients for over 135 yrs both in Australia and overseas. http://www.collison.com.au/ ..


Information Publication Scheme (IPS) | IP Australia


determines academic qualifications required to become patent and trade mark attorneys; accredits courses that satisfy subject requirements ..


Single Economic Market- Patent Attorney Webinar | IP Australia


Unlike Australia, New Zealand does not have a registration regime specifically for trademark attorneys and thus the registration of Trademark ..


Professional Standards Board - Registered Attorneys


Voluntary removal is applied for under [Regulation 20.26 of the Patents Regulations] or trade mark attorney [Regulation 20.14 of the Trade Marks Regulations].


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PATENT AND TRADE MARK ATTORNEYS T9|9Ph°"e+513924383°°. Facsimile +613 9243 8333. Facsimile +613 9243 8334 ghmelb@grif'fithhack.com.au ..


Code of Conduct


marks attorneys or as trade mark agents. i. The Patents Act 1990 allows legal practitioners, who are not patent attorneys, to carry on the business, act or practise ..


T


Co, Patent and Trade Mark Attorneys. I. I have been instructed by Brand Partners Commercial Lawyers, the agent and address for service for this application, ..


Professional Standards Board for Patent and Trade Mark Attorneys ..


The Professional Standards Board administers the regulatory and disciplinary regimes for Patent and Trade Mark attorneys in Australia. Professional Standards ..


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LAWYERS. 28 March 2011. 'P Ausflarla. IP Australia iii APR Z0". P0 Box 200 CM. WODEN ACT 2606 RECENED. Dear Sirs,. Trade Mark Application 1318315 ..


Professional Standards Board - Trade Marks Attorney Registration


Profesional Standards Board for Patent and Trademark Attorneys .. only registered trade marks attorneys have the right to use the title "trade marks attorney" ..


T DDT 925 A V


Australian and New Zeoland Patent and Trademark Attorneys - In association with Mexwol IP Lawyers Ii Notaries 4% A. Peter F Maxwell A.S.M. B.Sc., F.l.P.T.A. ..


Professional Standards Board - Compliants


The Institute of Patent and Trade Mark Attorneys of Australia through its Ethics and Disputes Committee, considers complaints made to the Institute against any ..


CODE OF CONDUCT


Only registered trade marks attorneys, as defined under the Trade Marks Act. 1995, may describe themselves as trade marks attorneys or as trade mark agents.


The Institute of Patent and Trade Mark Attorneys of Australia 23 July ..


Patent and Trade Mark. Attorneys of Australia. A.C.N. 004 194 263. A.B.N. 78 004 194 263. Level 2, 302 Burwood Road, Hawthorn, Victoria ..


Please reply to Perth office A


Patent & Trade Mark Attorney encl. Page 1 oi 1. Watermark Patent and. Trade Mark Attomeys rh association with. Watemrark intellectual Property Lawyers ..


Why Register - Professional Standards Board - Patent Attorney ..


The Institute of Patent and Trade Mark Attorneys of Australia has a Code of Conduct that applies to its members. Inquiries concerning that code should be ..


Intellectual Property Policy Group Ministry of Economic ..


Rich Text Format - file patents or trademarks on behalf of clients. In fact not being a patent attorney is a key aspect of the industry. By not acting as patent attorneys clients can come ..


Make Your Mark


where you have registered rights. IP professionals such as registered patent and trade mark attorneys offer services to help you keep track of your IP portfolio.


Intellectual property | Business and industry | Queensland Government


Seek advice from IP professionals such as patent and trademark attorneys, IP lawyers and search firms. Learn more about working with ..


List of Registered Trade Marks Attorneys


Aruma Trade Mark Attorneys, GPO Box 579, Canberra, Australian Capital Territory, 2601,. Ph 02-61661280, Mob 0430227862, Email: ..


A GUIDE TO INTELLECTUAL PROPERTY FOR AUSTRALIA'S ..


patent attorney and other experienced. IP professionals may be able to provide you with advice on the registrability and use of your proposed trade mark.


Protect your idea | Business and industry | Queensland Government


IP Australia has a database of patent and trademark attorneys, IP lawyers and search firms that can help you. IP Australia is responsible for ..


Fashion Rules - IP Australia - Contacts


25+ items – .. rights; disputing or opposing a patent, trade mark or design ..










What

 

 


New South Wales 13 32 20 www.fairtrading.nsw.gov.au

 


Northern Territory 08 8982 1700 www.tbc.nt.gov.au

 



ACIP > Members


Mr Allen is immediate past President of the Institute of Patent and Trade Mark Attorneys of Australia (IPTA) having been a member of the governing council since ..


News - International Legal Services Advisory Council


Law firms delivered 75% of legal and related services overseas, patent and trademark attorneys delivered 21% of legal and related services ..


Consumer Services - Community - Government of South Australia


Our Attorney firm provides Intellectual Property Services - Patent, Trademark, and Design protection, infringement searches, enforcement, and registration.


Information Publication Scheme


The three IP rights consultation groups have common members which include representatives from the Institute of Patent and Trade Mark Attorneys of Australia ..


Sherrie Heather – Trade Marks Attorney Services March 2004 1 ..


Sherrie Heather – Trade Marks Attorney Services. March 2004. 3. 3.2.4 Mandatory trade mark register search. In the absence of abolition of the Business Names ..


Submission: Inquiry into Gene Patents


Trade Mark Attorneys

of Australia; Pfizer Australia; Intellectual Property. Committee of the Business Law Section of the Law Council of Australia; the. Chartered ..


APPLICATION GUIDE


This is a broad term used to refer to lawyers, patent and trademark attorneys,. Accredited Persons (so called Qualified. Persons) under the Plant Breeder's Rights ..


A review of the relationship between trade marks and business ..


Institute of Patent and Trade Mark Attorneys of Australia. LIV. Law Institute of Victoria. NNI. National Names Index. NOIE. National Office for the Information ..


Department of Innovation, Industry, Science and Research Annual ..


The IP Professionals Forum is a mechanism for IP Australia to engage strategically with the patent and trade mark attorneys, IP lawyers and other IP interest ..


Understanding trade marks | IP Australia


A trade mark is a way of identifying a unique product or service. .. Abbott Lawyers for solicitors services; Smith Workshop for automotive repairs ..


Lawyer List - Australian High Commission


ASIA LAW CORPORATION LAWYERS & NOTARY PUBLIC .. Trademark and patent and family law, and all general legal and national service matters.


IP Australia Files | IP Australia


Advice to Attorney-General's Department - Implementation of ACIP Federal Magistrates Review - Extenstion of jurisdiction to Trade Mark and ..


IP protection in China | IP Australia


China follows a "first-to-file" rule for obtaining trade mark rights. .. has been developed in conjunction with Griffith Hack Lawyers and Liu, Shen ..


Finding a business adviser | Business and industry | Queensland ..


IP Australia has a database of intellectual property (IP) lawyers and trademark attorneys. Yellow pages online lists a range of different business ..


AFS PAYMENT


Sprusons Solicitors. GPO BOX 3325. SYDNEY NSW 2001. Re: Trade Mark Application No. 1123260 in the name of Cotton on Clothing Pty Ltd and opposition by ..


List of Lawyers - Australian Embassy


Lawyers

in Indonesia are admitted to practice in the courts of a particular province. .. Law, State Administration and Trademark and Patent (Intellectual Property).


Australia


lawyers@f0sterhart.com.au. Trade Mark Application Number 786105 in the name of Australian Film Institute. Limited. We refer to your Report No. 2 and to our ..


Copyright, Fair Use and the Public Interest Submission to the ..


attorneys and trade mark attorneys;. ➢ free use of databases of information about the time and venue of cultural products which can be accessed freely or bought ..


Professional Standards Board - Trade Marks Attorney Registration


Profesional Standards Board for Patent and Trademark Attorneys. Home| Patent Attorney Registration | Trade Mark Attorney Registration | About | Publications ..


REGISTERED BUSINESS NAMES SURVEY


group, with lawyers and trade mark attorneys at 7.8% and registrant's own colleagues at 7%. The 'other' category included such responses as ..


IP protection in the USA | IP Australia


The United States Patent and Trade Mark Office (USPTO) is the .. Australian businesses should seek advice from a USA attorney about the ..


IP protection in Indonesia | IP Australia


Indonesia employs a first-to-file rule for obtaining trade mark rights. .. in conjunction with Griffith Hack Lawyers and SR Legals (Indonesia).


TI-IE AUSTRALIAN FEDERATION OF INTELLECTUAL PROPERTY ..


and trade mark attorney firms conducting business in Australia. FICPI Australia does not directly represent intellectual property owners, but its ..


RULES FOR USE OF THE CERTIFICATION TRADE MARK ..


Date: 17/O2/2011 4:45:28 PM From: Gadens Lawyers To: 0262837999 Page: 3/38. RULES FOR USE OF THE CERTIFICATION TRADE MARK. APPLICATION ..


IP protection in New Zealand | IP Australia


New Zealand employs a first-to-use rule for obtaining trade mark rights, .. in conjuction with Griffith Hack Lawyers and A J Park (New Zealand).


Our Ref: T27809AUO0 11> Austrfilla =


Trade Marks Act 1995 on the basis of earlier filed trade mark nos. .. Our address for service in Australia: Watermark Patent and Trade Marks Attorneys, Level 2, ..


; I ' Deciaratioffi T u


2010 i9:i9 and iP Lawyers N<>.0504 P. 8. 7 . Thirty Four', there would, for the purpose of infringement, be a use as a trade mark of each of the words involved ..


Fashion Rules - IP Australia - News


Lawyers

acting for the singer and musician are opposing a bid by a local fashion designer to trademark her birth name, Katie Perry, for her clothing label, despite ..


IP protection in the European Union | IP Australia


You can register a trade mark, a design or a plant variety with a single .. has been developed in conjunction with Griffith Hack Lawyers and ..


Department of Innovation, Industry, Science and Research Annual ..


Verbal feedback collected at the last meeting of 2009-10 indicated that members of the Professional Standards Board for Patent and Trade Mark Attorneys were ..


Submission: Trade Marks Amendment (Tobacco Plain Packaging ..


They include lawyers, patent attorneys, trademark agents, judges, academics, scientists and engineers. The objective of AIPPI is to improve and promote the ..


NOTE - EVIDENCE FORWARDED If /L7 'L 'f 7;


This trademark has been in use as a business name and branding logo since before the .. l have also attached a copy of an email sent to me by my Lawyer; ..


yourHealth - Plain Packaging Submissions I to K


.. Institute of Patent and Trade Mark Attorneys of Australia (PDF 36 KB) · Jackson, Denise (PDF 12 KB) · Japan Tobacco International (PDF 311 ..


Special libraries' holdings | Libraries Australia


Australian Government Solicitor: Brisbane Library, Government – Federal, Law, 0, 0 ... Watermark Patent and Trademark Attorneys, Corporate, Law, 0, 0 ..


BULLETIN


Trstenjak -- not abuse for holder of earlier trade mark to wait until last day of 5-year ... for introduction of any new TLD -- issues for trade mark lawyers and their ..


Government Branding | Victorian Government Solicitor's Office | VGSO


Victorian Government Solicitor's Office | VGSO .. A few examples of the trade mark owned by the Victorian Government departments and statutory authorities are ..


BULLETIN


by BA Gerstenblith - 2011 - use of trade mark in social networking websites (SNW) -- how lawyers can assist brand owners legal avenues of redress -- action for trade mark infringement ..


Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 ..


Currently, subsection 201(5) of the Patent Act; and sections 156 and 228A of the Trade Marks Acts; do not explicitly provide for patent and trade mark attorney's ..


Home Page | IP Australia


TM HEADSTART. Get online, not in line. TM Headstart is a fast way to check if your trade mark may be registrable before you actually apply. MORE INFO ..


Untitled - IP Australia


example, a lawyer). What the letter should say. The letter should clearly set out the following: ➢ the number of your trade mark application;. ➢ the name of the ..


Swearing in Ceremony of The Honourable Reginald Ian Barrett ..


9 You were admitted as a solicitor in 1967, and have remained an active member of the Law Society since that time, demonstrating your trademark quality of ..


List of Lawyers Dubai & the Northern Emirates


List of Lawyers. Dubai & the .. Speciality: Litigation, Alternative Dispute Resolution, Intellectual Property and Trademark Law, Commercial and Corporate Law, ..


BULLETIN


Summary: Duty of good faith and candour owed by lawyers to the United States Patent and. Trademark Office -- disclosure obligations of patent practitioners ..


Frequently Asked Questions - Professional Standards Council ..


.. Society for lawyers in New South Wales; or the Australian Computer Society .. Q15: What does the Cover of Excellence® trademark mean?


Register your business name


What you should consider when choosing your business name, including registering your business name as a trade mark.


~ TO EXAM SERVICES is


BUSINESS LAWYERS. Our ref: CHEM2707:lFT/KT .. Queensland, to trademark CHEMCERT in the name of Farmcare. Australia Farm Chemical .. The application referred to above is the registered trade mark 791948 in relation to the mark ..


QUT Cileflt F971 BMC:SDE:240752


the Rules governing registered certification trade mark no. .. Liability limited by the Solicitors Scheme approved under the Professional Standards Act 1994 ..


Australian Customs Notice 1998/06 - Australian Customs Service


OBJECTOR Iomega Corporation. CONTACT Davies Collison Cave Patent and Trademark Attorneys Ph: (03) 9254 2777 ..


The Reform of Occupational Regulation in Australia


and lodge trademark applications;. • a new title, known as Trademark Attorney, will be introduced, requiring a lower level of qualifications than those for patent ..


Submission No. 30 (Plain Packaging Bill) Date: 25/07/2011


B. The Bill Does Not Affect the Negative Rights of Trademark Owners: TRIPS ... Committee (30 April 2010) 1-9; Lalive Lawyers, Why Plain ..


WIPO Workshops for Mediators in Intellectual Property Disputes | IP ..


The Workshops, which are held in English, are designed for lawyers, business executives, patent and trademark specialists and others who ..


Bills Digest no. 52, 2006–07-Trade Marks Amendment Bill 2006


A trade mark is used to identify the source of goods and services, .. The other 40% are handled by lawyers and attorneys, who may charge in ..


TRADE MARK EFORM APPLICATION


I have examined your application to register this trade mark. At present I .. including lawyers, barristers, solicitors, dentists, healthcare professionals, engineers ..


Lawyers list in Kuwait - Australian Embassy


It is not an exhaustive list of lawyers practising in Kuwait, but an .. agency law; international business; trademark and copyright law; family law.


Q I .


IN THE MATTER OF Australian Trade Mark .. continuously used the AUSCUT trade mark in Australia in respect of the said ... Marks Attorneys in association ..


Australian Customs Notice 2006/25


SCHEDULE TO ACN NO. 2006/07. TRADE MARK NOTICES OF OBJECTION. Bluetooth SIG Inc. Watermarks Patent & Trade Mark Attorneys. Ph: (02) 9888 6600 ..


NILS® PARTICIPATION AGREEMENT


Lawyers. Bourke Place. 600 Bourke Street. Melbourne VIC 3000 .. The Licensor is the owner of the Trade Mark and has agreed to allow the Licensee to use the ..


annual report - Australian Government Solicitor


Parliament, the annual report of the Australian Government Solicitor (AGS) covering the period 1 July 2010 to ... These include trademark issues, ownership of ..


Australia-China Legal Profession Development Program 2009


- Madam Wu Yueqin is an Attorney at Law and Trademark Agent with Watson & Band Law Offices in Shanghai. Madam Wu specialises in foreign-related ..


AUSTRALIA-CHINA LEGAL PROFESSION DEVELOPMENT ..


Madam Wu Yueqin is an Attorney at Law and Trademark Agent with Watson & Band Law Offices in Shanghai. Madam Wu specialises in foreign-related ..


SENATE


Then I would like to talk about the issues the Institute of Patent and Trade Mark Attorneys have raised in their submission, even though they are ..


Swearing-In Ceremony of The Honourable John David Hislop as a ..


7 You did your articles at Dexter Healey & Co, were admitted as a solicitor on 26 April .. 32 Courtesy will, I am sure, be a trademark of your Honour's Court.


Annual Report 2003-2004 Appendix 8: Judges' participation in legal ..


Her Honour was invited to speak at The Institute of Patent and Trade Mark Attorneys of Australia in Canberra on the subject of "Patent Litigation" and has ..


LEGAL IMPEDIMENTS TO A FREE TRADE AGREEMENT – AN ..


PARTNER, DIBBS ABBOTT STILLMAN LAWYERS,. BRISBANE ... profit on the value built up in popular and profitable products bearing a certain trademark. A ..


Untitled - IP Australia


Patent and Trade Mark Attorneys. GPO Box 1074. BRISBANE QLD 4001. Re: Trade Mark Registration No. 1136297 in the name of Fada Pty Ltd and non-use ..


ACMA - ACMA media release 53/2011 – 30 May


.. in a speech to the Communications and Media Lawyers Association .. Follow us on Facebook - Registered trademark · Twitter - Registered ..


Information for inventors (State Library of Queensland)


Before a patent can be registered, you (or your patent lawyer) .. The website for Australian patent and trademark registration and searching.


SNIPER Bulletin


domains (TLDs) -- trade mark owners opportunity -- what Australian lawyers need to know about .xxx -- generic top level domain name extensions -- procedures ..


Submissions: Inquiry into Plain Tobacco Packaging (Removing ..


March 25, 199447. On behalf of the Plain Pack Group, BAT solicitor writes to ask WIPO whether plain packaging is an infringement of trade mark rights. March 29 ..


Review of penalties and additional damages - Trade .. - IP Australia


- Review of Trade Mark Penalties and Additional Damages ... was also raised in consultations between IP Australia and a group of Sydney lawyers in 2005.


SNIPER Bulletin November 2011


Summary: Online tools to help trade mark counsel work smarter and faster .. forces attorneys to be more accountable to clients – new kind of IP ..


BULLETIN


Subject: Trade mark attorneys--interviews. SNIPER No.: 2008/01921. Author: Delacourt, John; and Loeffler, Christopher. Title: Cheating as a winning strategy?


Download - The Australian Consumer Law


Rich Text Format - Commonwealth Copyright Administration Attorney-General's Department 3-5 National .. Certification trademarks 17. - Penalties 17. 5. Information standards 18 ..



BULLETIN


issue en banc -- US Patent and Trademark Office (USPTO) -- claim rejected as the ... Summary: Interview with one of Australia's top lawyers in the field of ..


Guidelines on Copyright and Trademark Management


- GUIDELINES ON COPYRIGHT AND TRADE MARK MANAGEMENT. Important note: This kit has been prepared by Minter Ellison Lawyers for the Department of ..


Parliament of Australia: Senate: Committees: Legal and ..


Daryl Williams AM QC MP, then Attorney-General, in September 2000 .. by the U.S. Patent and Trade Mark Office (USPTO) could be applied in ..


Other Intermediate Courts of Appeal in Australia - Decisions of ..


Clampett v Attorney-General of the Commonwealth [2009] FCAFC 151 .. Splitting hearings on liability and relief where trademark infringement ..


Judges' Speeches


Before I invite the Solicitor-General to address the court, I want to address ... of this court in other fields, including trademark and copyright law.


Fashion Rules - IP Australia - Ask an expert


While an unregistered trade mark (a common law mark) may be protected under .. Consider consulting an Intellectual Property Lawyer or registered Patent or ..


Schemes - Professional Standards Council : Lawlink NSW


Step 5: The Minister or Attorney General will consider the scheme and .. who are covered by schemes, to use the trademark under licence, ..


Small Business NSW - Resources and links


..

the patent and trademarks database for both existing registrations and for submitting patent or trademark applications online. .. Attorney-General's Department ..


New Inventors: Submit an Invention: Application Fact Sheet


You need to have a patent attorney check the current working of your invention .. A trade mark is a distinctive symbol which, when used in relation to goods or ..


Parliament of Australia:Senate:Committees:Economics Committees ..


4.25 In their submission to this inquiry, lawyers Gilbert & Tobin emphasised the importance .. Moreover, the onus is on the owner of the trademark to identify any ..


SNIPER Bulletin


Interflora -- trade mark use -- using third party marks in web design -- Datacard ... Title: Choosing a European patent attorney: does the Iron Curtain still exist?


AUSTRALIAN CUSTOMS NOTICE NO. 2002/55


SCHEDULE TO ACN NO. 2002/55. TRADE MARK NOTICES OF OBJECTION. Casio Keisanki Kabushiki. Deacons Lawyers. Kaisha (trading as Casio. Ph: (02) ..


ACMA - Reimbursement of telecommunications code development ..


.. such as drafters, lawyers and consumer representatives;; the code .. Follow us on Facebook - Registered trademark · Twitter - Registered ..


auDA submission to the Advisory Council on Intellectual Property ..


example, a trade mark does not confer any better entitlement to a domain name than .. name or trade mark. .. For example, Corrs Chambers Westgarth lawyers ..


international business assistance - Tags - Government of South ..


Patent and Trademark Attorneys. Related tags: automotive, business assistance, electrical & electronic equipment, international business ..


Report: Inquiry into franchising and code of conduct


associated with a trade mark, advertising or a commercial symbol: (i) owned ... Your everyday solicitor/lawyer is not necessarily up to speed on the franchising ..


BULLETIN


to register "1000" as a Community trademark (CTM) -- reinforces need ... to civil procedure in Victorian and Federal courts: IP lawyers beware ..


Australian Consumer Law - Avoiding Unfair Business Practices Guide


Commonwealth Copyright Administration. Attorney-General's Department ... other certification trademarks may only be used by businesses licensed by the ..


SNIPER Bulletin


by J Wild - 2011 Summary: European trade mark law -- use of trade marks as keywords within a paid online ... Subject: Lawyers--interviews--New Zealand ..


AUSTRALIAN CUSTOMS NOTICE No. 2001/54


the goods do not infringe the relevant trade mark. .. the Australian trade mark owner, this may still represent an infringement. .. Contact : Clayton Utz Lawyers ..


21193 - Gazette 02 November 2011


in Tasmania lawyer/divorced deceased may be granted to Peter .. Solicitors for the Applicant. ... trademark now also allows our customers to ..


Submission on Issues Relevant to the Australia-China Free Trade ..


Institute of Patent and Trademark Attorneys of Australia (IPTA), who advised: "Australian companies have difficulties with counterfeit products produced in China ..


BULLETIN


Summary: Work titles protected under German Trade Mark Act -- under same ... Summary: English patent litigation is expensive -- specialist lawyers -- expert ..


Review of penalties and additional damages Trade Marks Act 1995 ..


due to concerns about the effects of IP infringement, including trade mark counterfeiting. ... between IP Australia and a group of Sydney lawyers in 2005.


Legal Services Country Profile – Indonesia - International Legal ..


- The Directorate General for Copyrights, Patents and Trademarks is also a part of the Ministry of Justice and Human Rights. · Kejaksaan Agung – Attorney ..


AUSTRALIAN CUSTOMS NOTICE NO. 2007/49


a trade mark to lodge a Notice of Objection with the Australian Customs Service .. A detailed list of all current trade mark Notices of Objection is available on the ..


- G0630_1_.doc


Rich Text Format - Assist trust officers with administration of Powers of Attorney and Orders of the Guardianship and ... PIZZEYS PATENT & TRADEMARK ATTORNEYS. 06/0964 ..


Opening of Meeting Adoption of the Agenda - Attorney-General's ..


Division, Australian Attorney-General's Department. The list of the ... IP Australia will be providing assistance on patent and trademark examination training in ..


AUSTRALIAN CUSTOMS NOTICE No. 2000/53


particular trade mark relates to the specific goods listed in regard to the trade .. TRADE MARK NOTICES OF OBJECTION ... Contact : Griffith Hack Lawyers ..


ScreenWest - PROSPERO BITES BACK IN SNAKEBUSTER COURT ..


Prospero's lawyer, Sarah Burke of Fiocco's Lawyers in Perth, said Mr. Hoser had no evidence to support his claim that his trademark had been ..


AUSTRALIAN CUSTOMS NOTICE NO. 2008/14


trade mark to lodge a Notice of Objection with the Australian Customs .. similar to, a trade mark listed in the attached Schedule; and. − .. Slaters IP Lawyers ..


Bills Digest no. 52, 2006-07-Trade Marks Amendment Bill 2006 ..


A trade mark is used to identify the source of goods and services, .. The other 40% are handled by lawyers and attorneys, who may charge in the range of $1000 ..


THAILAND


Attorney-General's Department .. the Director, ILSAC Secretariat, Commonwealth Attorney-General's ... Debsriharis law Office—patents & trademark law; ..


AUSTRALIAN CUSTOMS NOTICE NO. 2005/06 Notices of Objection ..


user of a trademark to object to the importation of goods which infringe their trademark. The registered owner, or ... Clayton Utz Lawyers. Ph: (02) 6279 4000 ..


GAZETTE


Hobart in Tasmania lawyer/married man as Legal Personal .. ARCHER BUSHBY, Solicitors for the Estate. ... trademark now also allows our ..


Franchising your business


This is certainly not the case and while there is no dispute that lawyers have a critical role to .. This involves registering your logo as a trademark, registering ..


ACMA - ACA - MR1305


Computer forensics experts from Deloitte Forensics and lawyers from .. Follow us on Facebook - Registered trademark · Twitter - Registered ..


Chapter 6: Retail price differences - Economic Structure and ..


branded goods containing a trade mark in a similar manner to the earlier carve-outs .. An additional concern raised by W Lawyers is that trademark law and ..


Logo change for the Rex


Council's lawyers have since advised it could infringe other registered trademark images. Councillors voted at today's meeting to explore other logo designs, ..


Australian Customs Notice 2005/17


the Australian trade mark owner, this may still represent an infringement. People who have been ... Coty Australia Pty Limited. Clark McNamara Lawyers ..


Tranche Two AML Legislation - Attorney-General's Department


The application of the Act to in-house and government lawyers ..... . . 16 ... patent and trademark applications, oppositions and litigation;. ➢ dispute ..


Australian Customs Notice No. 2005/69


authorised user of a trademark to object to the importation of goods which infringe their trademark. The registered ... Griffith Hack Lawyers. Ph: (03) 9243 8438 ..


THE SUPREME COURT OF NEW SOUTH WALES BANCO COURT ..


weakness but a strength, as the Commonwealth Attorney-General .. trademark in both public and private life is your ability to deliver a unique ..


AUSTRALIAN CUSTOMS NOTICE NO. 2007/58


trade mark to lodge a Notice of Objection with the Australian Customs Service (Customs), objecting to the importation .. Spruson & Ferguson Lawyers. Ph: (02) ..


Anti-Counterfeiting Trade Agreement


The evidence for there being a significant problem in counterfeit trademarks or ... M.J. Meurer, 2008, Patent Failure: How Judges, Bureaucrats, and Lawyers ..


Thailand [DOC 128KB] - International Legal Services Advisory Council


- foreign lawyer admission requirements, regulation and restrictions on foreign lawyers/firms and recent .. Debsriharis law Office—patents & trademark law; ..


BULLETIN


Summary: Interview with Felicity Hide, British and European trade mark attorney, Boult Wade. Tennant. Subject: Hide, Felicity--interviews. Subject: Trade mark ..


GAZETTE


with Rae and Partners Lawyers legal practitioners to the Estate .. Solicitors of Aurora Energy Pty Ltd ... trademark now also allows our ..


AUSTRALIAN CUSTOMS NOTICE NO. 2006/07


authorised user of a trademark to object to the importation of goods which infringe their trademark. ... Spruson & Ferguson Lawyers. Ph: (02) 9207 0888 ..


Australian Government Attorneys General's Department - AGD E ..


The Attorney-General's Department was a Joint Principal Sponsor of the .. Intellectual Property and Director of the United States Patent and Trademark Office.


Non-government Publications: State Library of Western Australia


.. of judges, barristers, solicitors, lawyers, commissioners for affidavits, .. third party material or devices protected by a trademark, the content of ..


Outlaw Motorcycle Gangs | Australian Crime Commission


by HOMG Work .. have written constitutions and bylaws, trademark their club names and logos .. They may rely on professionals such as lawyers, accountants, ..


21180 - Gazette 14 September 2011


PAGE SEAGER, Solicitors for the Estate. .. PETER HEEREY LAWYER, Solicitor for the Applicant. .. trademark now also allows our customers ..


Intellectual Property –Living in the Twilight Zone, Licensing ..


patent attorneys and intellectual property practitioners write that can infect .. case in which I wrote a judgment concerning a shape trademark ..


DISCOVERY IN INTELLECTUAL PROPERTY LITIGATION FICPI ..


Rich Text Format - In this context, particular issues in patent and trade mark litigation in which .. of discovery in the United States for the non-American common lawyer is the need ..


Doing business in Russia - For Australian exporters - Austrade


For more information, go to the Attorney General's Department on foreign .. agreements for patents and trademarks must be registered with the ..


AUSTRALIAN JOURNAL OF LAW & INFORMATION SCIENCE ..


This is a book on a growth area for lawyers. .. Phillip Hourigan, in an essay on Domain Name and Trademark Disputes in Australia explains what is meant by ..


21156 - Gazette 08 June 2011


MURDOCH CLARKE, Solicitors for the Applicant. .. KAY & RUDDLE, Solicitors for the said Applicant. ... trademark now also allows our ..


Review of Fees Paid by Victoria Legal Aid to Barristers in Criminal ..


below remuneration paid to government and private lawyers in other areas of ... *connectedthinking is a trademark of PricewaterhouseCoopers LLP (US).  ..


Australia/ Indonesia Working Group on Legal Cooperation ..


- .. trademark and patent examiners to Australian-sponsored training courses. .. These links were initiated and fostered through Australian lawyers working in ..


ACMA - IFC17/2009 – Submissions (Live hosted entertainment radio ..


.. (1.6 mb); NSW Young Lawyers Communications, Entertainment and .. Follow us on Facebook - Registered trademark · Twitter - Registered ..


BULLETIN


by JA Tessensohn - 2009 - AdWords -- Attorney General's opinion -- other references to the European Court of Justice (ECJ). Subject: Trade mark owners' rights. Subject: Internet. SNIPER ..


IHTSDO Conference Report


Commonly used trademarks and registered symbols. Apple®. Apple Inc. .. IHTSDO® is a registered trademark of the. International Health ..


Parliament of Australia:Senate:Committees:Environment ..


10.13 The failed 'label of authenticity' trademark scheme, administered in the late ... Lawyers, doctors, real estate agents—there is a gamut of people working in ..


taylor linfoot & holmes


Solicitors f m a n d r a Pty Ltd, the qpkcant. -- . (Organisation) .. (a) Franchises to operate Aroma Cafes including licences of the trade mark "Aroma. Cafe" and ..


Outlaw Motorcycle Gangs


and bylaws, trademark their club names and logos, and have publicity campaigns.3. Australian .. Attorney-General's Department. Australian Taxation Office ..


Chapter 15 - Social equity impacts


Australian Government: Attorney-General's Department Achieving a ... Copyright piracy and trademark counterfeiting are serious problems.


Avoiding unfair business practices: a guide for businesses and legal ..


Rich Text Format - Commonwealth Copyright Administration Attorney-General's Department 3-5 National .. Certification trademarks 17. - Penalties 17. 5. Information standards 18 ..


28-09-2010 Operation Siren transcript pp. 01749-01802 from 2.05 ..


certificates of registration of trademarks, being trademarks .. solicitors Mallesons Stephen Jaques to provide another statement to the ..


Media & Communications Forum 2010 presentations - Australian ..


Irene Sekler Senior Lawyer .. Obtain trade mark registration of valuable marks .. Legal action – trade mark infringement, misleading ..


Government Journals: State Library of Western Australia


.. solicitors, lawyers, public notaries, etc. registered to practise in WA. .. third party material or devices protected by a trademark, the content of ..


CLAYTON UTZ


Lawyers. Lcvcls 19-35. No. l O'Connell Street. Sydney NSW 2000. Australia ... their logo or trademark on disclosure documentation and the provision of ..


Contract Notice Export Agency Parent CN ID CN ID Publish Date ..


Microsoft Excel.. Government Solicitor" ="50 Blackall St" ="Barton" ="2600" ="AUSTRALIA" ... 31-Dec-11 98000.00 "Filing of FUTURE UNLIMITED trademark applications" ..


Trade Exhibitors


..

services with a trademark of being flexible, confidential and evidence based, .. Sparke Helmore Lawyers offers clients an integrated approach to workers' ..


WOG Licensing Project Stage 2 Report


by N Hooper - 2006 - Neale Hooper (Principal Lawyer, Crown Law, Department of Justice and ... trademark and radio frequency spectrum, and technology applications.


GAZETTE


of Tasmania legal practitioner the duly appointed attorney of. Annette .. BAKER WILSON LAWYERS, ... trademark now also allows our ..


Protecting Your Intellectual Property in China


-660000 trademark applications (CTO world's largest receiving office). -1.1 million .. add-on that can be left to the lawyers; a central element of business strategy ..


21119 - Gazette 05 January 2011


133 Macquarie Street Hobart in Tasmania lawyer/married man .. ABETZ CURTIS, Solicitors for the Estate. ... trademark now also allows our ..


SENATE


The role of a trademark is to allow a product to be differentiated from another product. I am not the lawyer, just to remind everyone in the room, ..


Australia/ Indonesia Working Group on Legal Cooperation ..


Legal Services Coordination, Attorney-General's Department. ... opportunity to send trademark and patent examiners to Australian-sponsored training courses.


Other Intermediate Courts of Appeal in Australia - Decisions of ..


Public interest in the timely resolution of disputes; the obligation of lawyers to assist the .. Splitting hearings on liability and relief where trademark infringement ..


Judges' Speeches


.. to turn to the lawyers, patent attorneys and policy makers to answer a ... 36 Section 17 of the Trademarks Act 1995 (Cth) defines a trademark ..


BULLETIN


Samsung -- level of trade mark and patent applications. Subject: Intellectual property-- .. Subject: Lawyers--intellectual property industry. Subject: Copyright ..


Review of Mutual Recognition Schemes - Research Paper


HFCs hydrofluorocarbons. IAC. Industries Assistance Commission. IPR. Intellectual property rights. IPTA. Institute of Patent and Trademark Attorneys ..


Annual Report 2004-2005 Appendix 8: Judges' participation in legal ..


Justice Sackville delivered the Welcoming Address at the Australian Lawyers and .. Patents and Trademarks Office and the New South Wales Bar Association.


Internet domain names - Austrade


..

information (ie. corporate name, trademark, telephone and fax numbers). .. .name - for registration by individuals .pro - accountants, lawyers and physicians ..


Other Intermediate Courts of Appeal in Australia - Decisions of ..


Clampett v Attorney-General of the Commonwealth [2009] FCAFC 151 .. Splitting hearings on liability and relief where trademark infringement claimed; whether ..


21194 - Gazette 09 November 2011


.. day of November 2011. WORRALL LAWYERS, Lawyers acting on behalf of the ... trademark now also allows our customers to demonstrate ..


R v BRUER


Counsel: MR C ALLEN - Solicitor: DIRECTOR OF PUBLIC PROSECUTIONS ... than that, having me put my surname on them as a trademark which gives me ..


Annual Report 2008-09


A party to a small claims application may not be represented by a lawyer ... recommended an expansion of the Court's jurisdiction to include trademark ..


Federal court of Australia Annual Report - Chapter 3


In October 2008 the Commonwealth Attorney-General announced that the ... Washington College of Law, who gave a presentation on Trademark Bullying.


86623 DPP Web


Attorney-General with regard to the operations of the Office during the year. Section 33(2) ... prosecutors in copyright and trademark matters. The DPP has ..


Report: Exposure draft of the Personal Property Securities Bill 2008


Attorney-General's Department and a response to the issue be provided to the. Office of the Privacy .. example, trademarks and patents). 1. 2.3. A personal ..


Business Names Registration Bill 2011 – Parliament of Australia


registering a name that infringes upon a person's trade mark does not .. during the Economics Committee inquiry, Gilbert and Tobin Lawyers ..


THE SIGNIFICANCE OF THE COMMERCIAL JURISDICTION OF ..


Rich Text Format - The great commercial lawyer, Scrutton LJ, noted that a trial before Lawrance J in .. trademarks and conciliation and arbitration for the prevention and settlement ..


Courts: State Library of Western Australia


A description of courts can be found in the Department of the Attorney General Handbook (353.4 WES). The following courts are all located in ..


21142 - Gazette 06 April 2011


MURDOCH CLARKE, Solicitors to the Estate. .. 133 Macquarie Street Hobart in Tasmania lawyer/married ... trademark now also allows our ..


BULLETIN


registrability of identical or similar mark to trade mark well known in New ... retired as a partner of Griffith Hack Lawyers in Melbourne to join the Victorian bar.


'ii Hu1t& Hmt


1.1 Question 1. The exclusive dealing arrangement does not relate only to products manufactured by. O'Dwyer and sold under the O'Dwyer name or trademark.


Zimbabwe – Movement for Democratic Change (MDC) – Update on ..


Lawyers, trade unionists, journalists, human rights defenders are being threatened. ... police maintaining their hands-off trademark, the ZANU PF leadership ..


TRADE MARKS ACT 1995


Repeal of Trade Marks Act 1994 PART 2--INTERPRETATION 6. .. Rules relating to divisional applications Division 4--Application for registration of series of ..


TRADE MARKS ACT 1995 - NOTES


Part 22: Repeals the Trade Marks Act 1955 and explains how matters .. That Act contains general rules about the meaning or effect of many ..


TRADE MARKS REGULATIONS 1995


Modification of the Act in its application to Cocos (Keeling) Islands PART 16--CERTIFICATION TRADE MARKS 16.1. Copy of rules to be filed 16.2. Documents to ..


TRADE MARKS ACT 1995 - SECT 120 When is a registered trade ..


TRADE MARKS ACT

1995 - SECT 120. When is a registered trade mark infringed? (1) A person infringes a registered trade mark if the person uses as a trade ..


TRADE MARKS ACT 1995 - SECT 41 Trade mark not distinguishing ..


TRADE MARKS ACT

1995 - SECT 41. Trade mark not distinguishing applicant's goods or services. (1) For the purposes of this section, the use of a trade mark ..


E Law: The Interface between Trademark, Designs and Passing Off ..


Under the old Trade Marks Act, and the case law based on it, Philips could not have succeeded. The question was, what difference is made by the changes ..


E Law: Cybersquatting and Trademark Infringement


Trademark law has evolved to ensure the consumer is not mislead about the source of a product; in this sense a trademark acts as a kind of quality assurance for ..


TRADE MARKS ACT 1994


Commonwealth Numbered Acts. [Index] [Table] .. Act binds the Crown 4. Application of .. Rules governing the use of certification trade marks 183. Ground for ..


Aboriginal educational contexts :: The 'Our Culture: Our Future ..


Our Culture: Our Future calls for new laws, based on respect and .. when it enacted the Trade Marks Act 2002 (NZ) to establish the Maori Trade ..


TRADE MARKS AMENDMENT (TOBACCO PLAIN PACKAGING ..


The Plain Packaging Act prevents a trade mark from being placed on tobacco .. do not contravene the Tobacco Advertising Prohibition Act 1992 or other laws, ..


11_Trademarks


The various colonial laws were unified under the Trade Marks Act 1905, passed under s.51(xviii) of the Constitution. A major revision resulted in the Trade Marks ..


ANALYSIS OF THE FAILURE OF THE IMPLEMENTATION OF ..


by A Kusumadara - 2006 - - The Patent Act No. 13/1997. 227 c. The Trademark Act No. 14/1997. 231. 2.2. Enforcement of the New Intellectual Property Laws. 234 ..


COPYRIGHT ACT 1968


Copyright not to subsist except by virtue of this Act 8A. Prerogative rights of the Crown in the nature of copyright 9. Operation of other laws 9A. Application of the ..


Trade Marks and Unfair Competition - Subject Details


Understand the nature of the Australian trade mark system and related areas .. the principles of law for obtaining, maintaining, protecting and exploiting a registered trade mark under the Australian Trade Marks Act 1995 (Cth).


TRADE MARKS REGULATIONS 1995 - NOTES


TRADE MARKS REGULATIONS 1995 - NOTES. - made under the Trade Marks Act 1995. Statutory Rules 1995 No. 341 as amended ..


Subject Details


Understand the nature of the Australian trade mark system and related areas of consumer .. unregistered trade marks are protected in Australia; Understand the principles of law for .. Trade Marks Act 1995; Trade Marks Regulations 1995 ..


Trade Marking Celebrity Image: The Impact of Distinctiveness and ..


by L Weathered - 2000 - - It has been accepted for inclusion in Bond Law Review by an authorized .. EWCA 1937; for Australia see section 17, Trade Marks Act 1995 (Cth); for the United ..


ANALYSIS OF THE FAILURE OF THE IMPLEMENTATION OF ..


by A Kusumadara - 2006 - - be argued that the failure to enforce intellectual property laws in .. This appears to be because the Trademark Act 1961 was in fact essentially ..


Professor Michael Pendleton Homepage


7 Software Protection, Law & Technology Press, 1 South China Morning Post, .. Chapter Trade Mark Law in Hong Kong in Digest of Commercial Laws of the ..


Acceptable Use of Information Technology Facilities by Students ..


Relevant external laws .. as unsolicited commercial electronic messaging - refer SPAM Act 2003 (Commonwealth). .. Trade Marks Act (1995) (Commonwealth) ..


TOBACCO PLAIN PACKAGING BILL 2011 Explanatory Memorandum


The Bill does not limit the operation of State or Territory laws relating to ... Clause 28 - Effect on the Trade Marks Act 1995 of non-use of trade mark as a result of ..


DEPARTMENT OF ADMINISTRATIVE & LEGAL STUDIES


- Vermeesch & Lindgren, Business Law in Australia, Butterworths .. Evaluate the main provisions of the Trade Marks Act, the system of registration required ..


Abstract** This paper explores the approaches taken by Australia to ..


by MR AYU - explicitly mentioned in the act, regulation, or other written laws. .. The Australian Trade Mark Act 1995 s 120(4) provides that a Trade Mark is 'well-known', or ..


INTELLECTUAL PROPERTY


- The various colonial laws were unified under the Trade Marks Act 1905, passed under s.51(xviii) of the Constitution. A major revision resulted in the Trade Marks ..


E Law: The Uniform Domain Name Dispute Resolution Policy as an ..


[23] There are no general rules about how the Panel should interpret a court's verdict. .. Trademarks exist in Australia subject to the Trade Marks Act[53] or the ..


11_Trademarks


The Trade marks Act lists various grounds upon which a trade mark will not be .. 2. by showing that the trade mark is or will become distinctive through a ... are also protected by comprehensive Federal and State laws relating to conduct ..


TRADE MARKS ACT 1995 - SECT 230 Passing off actions


TRADE MARKS ACT

1995 - SECT 230. Passing off actions. (1) Except as provided in subsection (2), this Act does not affect the law relating to passing off.


Sainsbury, Maree --- "The Copyright Act in the Digital Age" [2000 ..


by M SAINSBURYThe application of patent law to on-line business methods. .. The Trade Marks Act 1996, and related laws, have been tested to provide a mechanism for ..


WebLaw - Intellectual Property


15+ items – Intellectual Property Laws Amendment Act 2003: An Act to ..










Broadcasting Services Act 1992 (Cth)

 


An Act relating to broadcasting services ..

 


Circuit Layouts Act 1989 (Cth)

 


An Act to provide for the protection of ..

 



BTW3281 Marketing law - Semester 1, 2011


TOPIC: Trade Marks, ACTIVITY: Q6(a) and 7(a) pages 11 and 12 of Seminar Questions. .. Consumer Protection Law in Australia, Butterworths.


11_Trademarks


And although trade unions existed under the law of NSW it did not constitute a person .. [Note that S.6(1) of the Trade Marks Act 1955 defined a `trade mark' as: ..


E Law: Interfacing Trade Marks And Domain Names


E LAW | Murdoch University Electronic Journal of Law - Copyright Policy .. had made 'unjustifiable threats' in breach of the Trade Marks Act 1994 (UK).[14] ..


International & Comparative Trademark Law - Courses and ..


International & Comparative Trademark Law (LAWS7846) .. and international trade mark treaties and laws, passing off, Trade Practices Act 1974/Australian ..


Davison, M --- "Reputation in trade mark infringement: why some ..


Australian case law on infringement of registered trade marks has .. one of the evils sought to be remedied by the Trade Marks Act 1875 (UK), ..


E LAW | The Impact of New Generic Top Level Domains on ..


Under the Trademarks Act there is a classification of goods and services in accordance with the International classification[21] of goods and services for the ..


Defamation - Terms of Use


Except those conditions or warranties implied by Trade Practices Act 1974 (Cth, .. law under the laws of Australia and International Copyright laws and remains the .. on the site without the express written permission of the trademark owner.


MACQUARIE JOURNAL OF BUSINESS LAW


As with other general trade mark laws, including the Australian Trade Marks Act. 1995 (Cth), title 15 USC s 1052(e)(2) prohibits the registration of marks which, ..


11_Trademarks


Under s.27 the person who claims to be the owner of the trade mark can make an .. the old case law on the question of `proprietorship' of the trade mark will apply. .. accept it unless it has not been made in accordance with the Act or there are ..


INCOME TAX ASSESSMENT ACT 1936 - SECT 6 Interpretation


(1AA) So far as a provision of the Income Tax Assessment Act 1936 gives an .. or any rules or other document constituting the company or governing its activities. ... of any copyright, patent, design, trade mark or other like property or right; or ..


Dilution in New Zealand: The Effects of the Tarnishment Limb of ..


by III DilutionThe Trade Marks Act 1953 ("the Act") governs trade mark law in New Zealand, this article is concerned only with registered trade marks.[8] However, the ..


Trade Marks and Unfair Competition - Subject Details


Understand the nature of the Australian trade mark system and related areas of .. the principles of law for obtaining, maintaining, protecting and exploiting a registered trade mark under the Trade Marks Act 1995 (Cth).


Terms of Use - Sacred Heart Primary School


http://www.sacredhps.act.edu.au is owned and operated by Sacred Heart Primary .. is protected by International and Australian trademark and copyright laws.


Trademark dilution and the commodification of information ..


by BF Fitzgerald - 1999 - - In 1995 the new Trade Marks Act 1995 (Oh) in implementing. Art 16 (3) World ... "The protection of trade-marks is the law's recognition of the psychological ..


Information Technology Use Policy - Staff & Other Authorised Users


For further information on some (but not all) relevant laws, refer to the ... Trademarks and Logos, Trade Marks Act (1955) (Commonwealth) ..


Protection of Geographical Indications â•fi What is it and Whatâ•Žs in ..


by J Asland - 2005 - - It has been accepted for inclusion in Bond Law Review by an authorized ... new Norwegian Trademarks Act (The Trademarks Report II, NOU 2001:8), the ..


Student declaration - Open Universities Australia


E-learning. I agree when I am engaging in online studies I will comply with Government laws (for example privacy laws, copyright, trademark, cyber-bullying), ..


Searching for trouble: when search terms and trade marks collide


However, the law relating to off-line trade mark infringement does not sit very .. The first act of the advertiser that could be challenged is the advertiser's ..


Digital sampling and culture jamming in a remix world: what does ..


by BF Fitzgerald - 2005 - - and trademark law deals with the "free culture" practices of digital sampling and .. breaching any intellectual property laws, yet to paint a picture of the human made .. Act 1968 (Cth) provides protection for an original literary and musical work.


UWS Policy DDS - Intellectual Property Policy


Specific Intellectual Property laws create and protect rights in things such as: inventions; .. b. trade marks, protected in Australia under the Trade Marks Act 1995; ..


COPYRIGHT LAW REFORM AND THE INFORMATION SOCIETY IN ..


by C Antons - 2008 - - isolated cases involving copyright issues are also published in compilations of trade mark cases.18 The implications of the new Act for the internet industries are ..


Trade Mark Practice - Subject Details


Understand the practices and procedures for obtaining and maintaining the registration of a trade mark under the Australian Trade Marks Act ..


THEORY AND PRACTICE OF PARALLEL IMPORTS: THE NEW ..


now contained in Part VII of the 1994 Act and in the additional regulations, the. Copyright (Border .. The recent NZIER (1998) review found that liberalised import laws would generally .. For example, if the goods in question have a trademark, ..


Adhering to international intellectual property standards is crucial for ..


by B HMalkawi - intellectual property laws to comply with TRIPs by adding new provisions .. article will examine the copyright, trademark, and patent laws of Jordan and whether ..


Security Interests in Intellectual Property in Australia


by JV Swinson - 2002 - - It has been accepted for inclusion in Bond Law Review by an authorized .. trade mark by selling goods under that trade mark in Ireland. .. discussion of security interests under the previous legislation, the Patents Act 1952 (Cth), see C ..


IP, patents, copyright, you


3 days ago – Trademark owners can use the Trade Marks Act 1995 to stop a competitor .. 2011 Far from sinister, privacy laws might mean media does its job ..


Information Technology Use Policy - Staff & Other Authorised Users


not all) relevant laws, refer to the section of this policy titled Relevant. Australian Legislation ... Trade Marks Act (1955) (Commonwealth). A user must not copy a ..


With the development of the globalization and international trade ..


by Y TIAN - harmonizing international TM laws and attempting to establish a unified .. Why It won't Happen' 32 Journal of Corporation Law 927, Summer ..


E LAW | Copyright and Peer-To-Peer Music File Sharing: The ..


Turning a blind eye to detectable acts of infringement for the sake of profit gives .. The trademark has been sold to Roxio, and a new subscription service using ..


Digital Sampling and Culture Jamming in a Remix World: What does ..


by B Fitzgerald - 2007 - - picture of the trees without breaching any intellectual property laws, yet to ... upon those trade marks which are registered under the Trade Marks Act ..


Franchise Business Law


In the case of governments, laws from one country are sometimes copied and .. Unlike the Trade Marks Act 1995, legislation governing the ..


The Interface between Trademark, Designs and Passing Off under ..


by PSBALLBH Qld The case had important ramifications on trademark law in Australia .. Central to the issue was that of the Trade Marks Act of 1995 and the ..


INTELLECTUAL PROPERTY POLICY - ACT Health


Intellectual property refers to the rights granted by law in relation to the ... 4.1 The Trademarks Act 1995 (Cth) governs the ACT in relation to the creation ..


Ayu, Miranda Risang --- "How Does Australia Regulate the Use of ..


by MR AYU - The United States Trade Mark Act 1946, as with the other United States Public Laws at Federal level, is implemented based on its operative provisions in the ..


TRADE MARKS AMENDMENT ACT 2006 (NO. 114, 2006 ..


Trade Marks Act

1995. 1 Readers .. Those regulations prevail over this Act to the extent of any inconsistency. ... 46 Rules relating to divisional applications ..


Striking a balance between protecting commercial reputation and ..


by W van Caenegem - 2003 - - breach of s 52 of the Trade Practices Act 1974 (Cth) will never be as far-reaching as the statutory protection granted to registered trade marks. The legal rules ..


Trademark protection for franchises


Provided the appropriate steps are followed, the Trade Marks Act .. to be a complete statement of the law on any subject and should not be ..


E Law: Meta Tag Litigation: An Overview And Some Policy ..


The Internet, Information Growth, Search Engines And Meta Tags · The Emerging Case Law On Meta Tags: Trademark And Unfair Competition Law Protection ..


Shane Simpson - Name and Reputation in the Fourth Dimension


Quite clearly, ss 52, 53 and s.120 of the Trade Practices Act and the common law of passing off, all show that a domain name can infringe a trade mark if the use ..


An Introduction to Copyright in Australia


courts have approached the issues and interpreted the Act. What does .. someone else may run into problems with other areas of law, such as trade marks.


Protection of the Honour of Deceased Persons - A Comparison ..


by G Böttner - 2001 - - commercial purposes. This paper will discuss how the German and Australian laws deal with this problem. In ... In section 41(2) of the Trade Marks Act is stated ..


Trademark dilution and the commodification of information ..


by BF Fitzgerald - 1999 - - This article examines the scope of trademark law in relation to cultural .. Keywords: Trademark law, Dilution, s 120 (3) Trade Marks Act 1995 ..


Azam, Mohammad Monirul --- "Establishment of the WTO and ..


by MM AZAM - But all these articles limited to only investment laws, textile and clothing sector ... Although Government is yet to repeal the old Patent and Trademarks Act, has ..


1_Introduction


But not every act which might be described generally as 'free riding' or .. B7 Trade Marks, which give the owner exclusive rights in a mark which .. under the constitutional power to enact laws relating to IP under s.51(xviii) of the Constitution.


TAFE NSW - Disclaimer


This content is subject to Intellectual Property rights under the laws of Australia .. You must not use any registered or unregistered trade marks contained on this site, .. the Information whether or not caused by any negligent act or omission.


Mark Bender


He has also taught Business Law on the Monash campus in Malaysia. .. Mark Bender, Domain Name Disputes involving Trademarks in Australia, .. Mark is a Level 1 Monash Accredited Research Supervisor and acts a ..


Registration of business names for franchises


Unlike the Trade Marks Act 1995, legislation governing the .. intended to be a complete statement of the law on any subject and should not be ..


ACQUIRED DISTINCTIVENESS AS A SOLE CRITERION FOR THE ..


by AA AGYEMANG - The Trade Marks Act 1955 (Cth) (referred to in this article as "the Act") provides .. the trade marks law of the Commonwealth, in order to achieve uniformity with ..


Protecting a Sports Celebrityâ•Žs Goodwill in Personality in Australia


by JSG Ng - 2008 - The Trade Marks Act 1995 states that a trade mark is a 'sign used, or intended to be used, to .. Mark' (2000) 12 Bond Law Review 161. 2 ..


Fitzgerald, Brian; Gamertsfelder, Leif; Gulliksen, Tonje --- "Marketing ..


by B FITZGERALDThis was highlighted by the fact that in moving to protect trademarks the gTLD ... the new dilution laws, namely, s 43(c)(1) of the Lanham Act 15 USC § 1125(1).


The Nature of Celebrity Personality The celebration of individuals ..


by HMAY BLACK - - Black, 'The Role of Trade Mark Law in the Protection of Celebrity Personality' .. protection to be gained under the Trade Marks Act 1995 (Cth) (the 1995 Act) in ..


INTELLECTUAL PROPERTY LAW AMENDMENT REGULATIONS ..


Patents Act 1990, Trade Marks Act 1995, and Designs Act 2003. Intellectual Property Law Amendment Regulations 2009 (No. 2). Section 228 of the Patents Act ..


Sebel, Jane; Gyngell, Dominic --- "Protecting Olympic Gold: Ambush ..


by J SEBEL - - The Trade Marks Act 1995 (Cth) also provides limited protection. ... The argument of these writers is that intellectual property laws and official 'signifiers' (such ..


CASE LAW


by USEOFATM IN - wealth Trade Marks Act, 1955-58, as the proprietor of the trade mark "Eastex" in respect of .. 23(1) (b)3 of the Trade Marks Act for an order that the trade mark. "Eastex" be ... 1958) 270; R. H. Graveson, The Conflict of Laws (4 ed. 1966) 103 ..


INTELLECTUAL PROPERTY AND THE PROBLEM OF PARODY


assistance in the more developed law of the other jurisdictions of the. European Union. .. the Trade Marks Act 1994 provides that a person infringes a registered ..


Office of Research and Innovation | Intellectual Property ..


A trademark is a sign used to distinguish the goods or services of one .. are defined in the Trade Marks Act to include a letter, word, name, signature, .. ECU, its staff and students are subject to Australian Copyright Law.


TRADE MARKS


by S Cbetink - and protection of trade marks pursuant to the Trade Marks Act I955 (Cth) (the .. and 62(1); and modern views of the application of the law in order to ascertain ..


RMIT - Business and Intellectual Property Law


Using a case study, evaluate the essential characteristics of the law in relation to .. Evaluate the main provisions of the Trade Marks Act, the Designs Act, the ..


Trademark Policy - Pacific School Games - Canberra 2008


Underlying the policy is the general law of trademarks: Under Class 41 of the Australian Government (IP Australia) Trade Marks Act 1995 ..


New Zealand's Approach to Parallel Imported Goods and the ..


by ATJOP ImportingVII What Remains To Be Done Under The New Zealand Act? .. competition law or consumer law regime, than under intellectual property laws. .. may be prohibited from advertising the imported product by the Trademarks Act 1953, if the ..


Intellectual property>


Other forms of intellectual property are trademarks, designs and patents. The Commonwealth Government .. The Acts of Parliament include: Copyright Act 1968 ..


The Vice-Chancellor's publications - About the University - The ..


The Law of Comparative Advertising: Directive 97/55/EC in the .. 'Section 10(3) of the Trade Marks Act 1994: Is there really a logical lapse?


Towards a Sound New Zealand Intellectual Property Law - [2001 ..


by S Frankel - - Trade Marks Act 1953. Geographical Indications Act 1994[1] .. The framework of New Zealand's intellectual property laws is in part attributable to a history of ..


UNITCODE Unit Title <copy from CDU unit repository>


trade marks) to hypothetical legal problems. 2. Assess the implications and operations of case law and statute law in the development of .. Trade Marks Act 1995 ..


LOCKING IN CUSTOMERS, LOCKING OUT COMPETITORS: ANTI ..


for alleged violations of EU competition law for engaging in such conduct;17 ... but a claim of trademark infringement against Stevens succeeded: at 69–70 ..


The New Breed of Trade Marks: Sounds, Smells and Tastes - [2001 ..


by JK McGrath - - The Trade Marks Amendment Act 1999[1] emerged from the Intellectual .. the Bill simply made a few modifications to our intellectual property laws so as to ..


Intellectual property and the franchise system. Potentials and pitfalls


The classic purpose of a trademark is to indicate the source of the marked product.14. The trademark rules according to the Trademarks Act 1955 (Cth) s.


Site Policy Overview - TAFE NSW


Disciplinary action may include legal action, and illegal acts will be referred to the .. To the extent permitted by law, TAFE NSW and its employees, agents and .. This site includes registered trademarks and trademarks that are the subject of ..


Cybersquatting and Trademark Infringement


This article examines the legal minefield surrounding trademark infringement on the .. It examines the US Anti Cybersquatting Infringement Act of 1999 which was the first .. Modified by: Archie Zariski, Technical Editor, E Law ..


Commercial Transactions - University of Sydney


Microsoft Powerpoint - Discussions continue between the states for uniform laws. .. Air Navigation Act 1920; Patents Act 1990, Designs Act 1906, Trade Marks Act 1995; Life Insurance ..


Research-Generated Intellectual Property and Commercialisation ..


University of Technology Sydney · UTS: Rules, Policy and Legislation .. who is responsible for managing the University's IP and trademark portfolio. ... they are advised not to act on any assumption or expectation that the ..


UTS: Postgraduate coursework for law graduates - law at UTS


Qualify as a patent or trademark attorney with a Masters, Graduate Diploma, Graduate Certificate in Intellectual Property or Graduate Certificate in Trade Mark ..


QUT - Bachelor of Laws (Graduate Entry)


Barrister; Crown Law Officer; In-House Lawyer; Lawyer; Patent Lawyer; Public Servant; Solicitor; Trademark Lawyer. QTAC course code, 417651 internal; ..


Master of Intellectual Property Law (LW53)


4 days ago – Teacher, Technology Transfer Officer, Trademark Lawyer. UNIT SYNOPSES. LWN401 GENERAL INTRODUCTION TO INTELLECTUAL ..


UTS: Law - browse all postgraduate coursework courses ..


The Master of International Law allows lawyers and other .. providing courses relevant to the needs of the patent and trade mark professions.


QUT - Bachelor of Laws


Recognised for solicitor's admission in East Malaysia, Fiji, and Papua New Guinea .. Patent Lawyer; Policy Officer; Public Servant; Solicitor; Trademark Lawyer ..


Alan Davidson - Law Firms


Tuovi and Yen, Barristers and Solicitors, Trade Mark Agents Toronto and Markham based full service firm. (business transactions, intellectual property, computer ..


AWARDS CEREMONY


the Best Patent and Trade Mark Attorney firm 2010. The firm continues to have more lawyers recognised in the Afr survey of Australia's 100 Best Lawyers in the ..


Online Career Tools Career Research: Professional Associations ..


International Law Association www.ila.org.au. National Environmental Law Association www.nela.org.au. Patent and Trademark Attorneys of ..


Professor Michael Pendleton Homepage


(Sydney) LLM (London) Solicitor of the Supreme Court of New South Wales, the .. Chapter Trade Mark Law in Hong Kong in Digest of Commercial Laws of the ..


Davison, M --- "Reputation in trade mark infringement: why some ..


Consideration of the trade mark owner's reputation has been included .. Law, Monash University and Special Counsel, Knightsbridge Lawyers.


E Law: Cybersquatting and Trademark Infringement


Trademark

law has evolved to ensure the consumer is not mislead about the source of ... "[cyberspace] is not a system designed for the convenience of lawyers.


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Tuesday, 25 July 2017
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