If you are using your business name as a trade mark in the marketplace, you should register that trade mark in our view. In other words, are you using your business name as a badge of origin or a brand for your goods or your services? If yes, trade mark registration should be considered. Trade […]

The term ‘approved’ is not a technical term in trademark speak in Australia. However, the minimum timeframe between filing a trademark application and getting a registration, if everything goes smoothly, in Australia, is about seven and a half months. You can get a notice of acceptance from the trademarks office in a much shorter timeframe. […]

In our experience it isn’t unusual for businesses to expand their offerings over time as they grow. And with that expansion, there often does arise the need to review the scope of their trademark. And in particular the scope of the goods and services that are actually covered by any trademark registrations that a business […]

Passing off is a common law tort, which basically means it’s a protection we have in Australia at common law as opposed to relying on legislation. It is basically a wrong that causes the complainer to suffer damage that results in the person committing the wrong doing having legal liability for causing that damage. Purpose […]

The Australian Consumer Law forms Schedule 2 to the Competition and Consumer Act 2010. Section 18 of the Australian Consumer Law discusses misleading and deceptive conduct. Specifically section 18(1) states that: A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. This […]