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In some circumstances, you can have identical trademarks co-existing on the Australian trademarks database. For example, trademarks are registered in respect of particular goods and or services that fall into various classes. Due to this, it is possible for there to be two identical trademarks with the same name that are registered by different owners […]

Yes. Perhaps the shortest answer to a question we’ve ever written! To elaborate though. Any ‘person’ with legal personality can own a trademark, and by legal personality, we mean that could be an individual, it could be a group of individuals under partnership, it could be a company etc. A business name does not have […]

In Australia, section 27 of the Trade Marks Act 1995 prescribes that: (1)  A person may apply for the registration of a trade mark in respect of goods and/or services if: (a)  the person claims to be the owner of the trade mark; and (b)  one of the following applies: (i)  the person is using […]

business trade mark

This is a common question. In simple terms they’re just basically different forms of protection of intellectual property. In some cases copyright and trademarks will overlap. And classic example of that is a logo. If you can think of a logo that is also an artistic work, that can be protected as a trademark, and […]

In simple terms trademark classes are basically the formal categories that define the goods and/or services that you want your trademark to be protected for when you file a trademark application. There are 45 of these classes of goods and services to select from when filing an Australian trademark application. Classes 1 to 34 cover […]

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