Yes, it is possible for similar trade marks to co-exist – both as registered or unregistered trade marks. With over 2.1 million trademarks on the Australian trade marks register, it would be fair to assume that there are some similar trade marks coexisting on that register and this is certainly true. Trade mark law has […]
A shape trade mark is a trade mark which consists of three-dimensional shape used to distinguish the goods of one trader from the goods of other traders. The ability to distinguish the goods or services from those of other traders is key to any sort of trade mark, as that’s precisely what a trade mark […]
Earlier this year we wrote about the implications of the upcoming Brexit with respect to EU trade mark holders, and also applicants. As well as for the holders of international registrations that designate the EU. So this is really a refresher with some added tips. The current transition period for Brexit is due to end […]
In short yes, it can. One of the key requirements when filing a trade mark application is that the applicant is the owner of the trade mark. In the case of a trade mark which is as yet unused at the time an application is filed, the ownership requirement can be met on a prima […]
Firstly, if you have received a cease and desist letter do not ignore it and do not panic. Consult with a trade mark attorney or trade mark lawyer who can advise you whether the letter has merit and/or if you must comply with the letter. Do Not Panic! We know it can be quite frightening […]
