MORE THAN JUST A PILOT: HOW TO GREENLIGHT YOUR TRADE MARKS TO A SERIES
Following on from our previous post in this series regarding less utilised trade mark applications which may be beneficial in providing additional protection to your brand or a new and efficient avenue of protection not previously considered, we continue our summary of less common trade marks. Defensive, series, collective and certification trade marks are not […]
The Best Defense is a Good Offense – A Case for Defensive Trade Marks
This is the first of a series of articles regarding less utilised trade mark applications which may be beneficial in providing additional protection to your brand or a new and efficient avenue of protection not previously considered. Defensive, series, and collective trade marks are not common trade mark applications but provide unique and strategic protection […]
IS THERE SUCH A THING AS A PURPLE KIWI? UPDATES ON TRADE MARK APPLICATIONS FOR COLOUR TRADE MARKS IN NZ
The Intellectual Property Office of New Zealand (IPONZ) has issued an update to colour requirements for colour trade mark applications in New Zealand. Before you begin conducting an entire IP audit, be advised: a colour trade mark is not the same as a trade mark in colour. To illustrate this, ask yourself whether a specific […]
TERRIBLE TRADE MARK MYTHS AND HOW TO AVOID TROUBLE
When it comes to trade marks applications, trying to save money in the short term can often lead to undesirable outcomes and/or exponentially higher costs at a later date. Below are some of the common statements we hear new enquirers make time and time again. I’ll worry about my trade mark when I start making […]
Snooze on the brews and you might lose
It can be easy to overlook intellectual property rights as they apply to beverages. However, beverage producers may be surprised to learn that many facets of their brand and products may be protected by various intellectual property rights. The intellectual property rights which may be relevant to your beverage are trade marks, designs, trade secrets, […]
Unjustifiably Outraged – The Potential Drawbacks of Incorrectly Alleging Infringement
Imagine this: You are browsing through the internet and come across a product or logo which you are ‘absolutely certain’ infringes your intellectual property rights – e.g. a patent application. In a fit of rage, you immediately contact the seller/supplier and allege they infringe your intellectual property rights, and you are going to sue them […]
Quarrel or Quaffle? An exploration of the trade mark implications of changing the name of a fictional sport
It is hard to imagine there is anyone left in the world who is not at least tenuously aware of Harry Potter and/or its author J.K. Rowling. Rowling introduced us to the Wizarding World which incorporated a multi-faceted fictional reality of magic wands, spells, mythical creatures and even sports. The main sport in question being […]
Copy That – GME makes the Case for Design Protection
Often times clients question whether they should seek patent protection OR design protection. While the facts of each scenario may render either patent or design protection impractical, the case of GME Pty Ltd v Uniden Australia Pty Ltd [2022] FCA 520 makes it clear that design protection is not to be overlooked. Background Facts Generally […]
The Future is Now – DABUS Update
In a recent decision of Commissioner of Patents v Thaler [2022] FCAFC 62, the Full Court of the Federal Court of Australia has overturned a landmark decision of Beach J[1] in finding that DABUS, an artificial intelligence system, can be considered to be an inventor under the Patents Act 1990 (Cth) (‘the Act’) and Patent […]
All is Fair in Love and War
In light of recent events, the Russian Federation issued a decree for a new methodology for compensating for patent infringement where a patentee originates from an unfriendly country.[1] While the decree does not preclude a patentee from seeking relief, it reduces the maximum relief available to those patentees to $0, rendering such actions fruitless. It […]