Copyright and trade marks are different forms of legal protection for intellectual property and copyright protects original works of authorship. Copyright includes things like literary works, artistic works, musical works and also sound recordings, cinematograph films and so on. The copyright in these works can’t be registered in Australia. It simply arises automatically upon the […]

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 […]