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 […]
If Only You Sold the Burgers Raw…
BIG MAC smashes burger BIG JACK The buns have been burned and there is sauce on the floor as the Federal Court hands down its decision in the great burger war between McDonald’s and Hungry Jack’s – McD Asia Pacific LLC v Hungry Jack’s Pty Ltd [2023] FCA 1412 a single judge decision before Justice […]
Canada Trade Mark Update: Additional French-language requirements
On 1 June 2025, Canadian traders may be impacted by wide-ranging amendments to the Charter of French Language made by Bill 96 which affect trading in Quebec. Nine of Canada’s provinces and three of its territories are English speaking. However, in Quebec which is the largest province by area and the second-largest by population, French is the official and preponderant […]
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 […]
Intellectual Property in Fashion
In today’s article we are taking a look at intellectual property in the fashion industry. From mass market fast fashion to haute couture, IP has a critical role to play in keeping your in-vogue styles protected from head to toe. We have put together a few useful considerations for those creating and working within the […]
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 […]
Advantages of combining trade mark and design registration
So you’re considering launching a new range of products under a clever and exciting name you’ve come up with. The product itself has existed in the marketplace for a long time so you know a patent isn’t the way to go. You might have heard of trade marks and design registrations before but aren’t quite […]
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 […]
A fine line between Protox & Botox: overturned Trade Mark Decision
Self Care IP Holdings Pty Ltd & Anor v Allergan Australia Pty Ltd & Anor [2023], HCA 8 In overturning the decision of the Full Federal Court, the High Court of Australia has asserted that the reputation of a trade mark has no bearing when considering the possibility of deceptive infringement under s 120(1) of […]
Trade Mark Opposition in the US – Critical Considerations
The United States is a jurisdiction that many of our clients are interested in when considering international trade marks protection. With the right advice and guidance, registering a trade mark in the USA can be quite a straightforward process. However, as a brand owner, it is important to understand that the registration of a trade […]