The Importance of Trade Mark Registration in Protecting Your Business
Date: June 05, 2008
Authors: LAC Lawyers
All businesses, irrespective of their size, should have a plan in place for protecting their intellectual property. Trademarks are an invaluable business asset and unfortunately many small businesses overlook the significance of trademarks and the importance of registration.
There is often the misconception that registering a business name confers or provides rights in the name. Registration of a business name alone does not protect the name but merely satisfies the legal obligations of carrying on a business under that name. A trade mark is essentially what distinguishes your business from the others in the marketplace whereby consumers are able to identify and associate your services or products from the names or “brands” that you use.
Therefore, when starting up a business it is equally important that a search of the trade marks register is carried out in addition to performing a business name clearance search. You may attempt to register your trade mark at any time but it is always advisable to do so before you start use. This will provide the assurance that the words or phrases contemplated for use by your business will not in any way infringe on the pre-existing rights of another trader. Registration of your name as a trademark will also reduce the risk of another trader registering your trade mark or preventing you from using your trademark at a later date.
LAC Lawyers can help guide you and ensure that your business is not left unprotected.
Contact us now for Fast, Accurate and Timely legal advice
Phone LAC Lawyers on NSW 1300 799 888 or VIC 1300 734 638 or send us an email
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Author(s): Pheba Netto LL.B. (Hons)
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Intellectual Property - Trade Marks and Parallel Imports
Date: May 04, 2008
Author(s): LAC Lawyers
In certain circumstances where the distributor of a product in Australia is the same as the owner of trade mark overseas a person may purchase the products overseas and distribute the products in Australia. However, the same may not apply where the products are distributed by another third party in Australia.
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Date: August 28, 2009
Author(s): LAC Lawyers
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Intellectual Property - Trademarks and Passing Off
Date: October 10, 2007
Author(s): LAC Lawyers
Under the common law, a person who builds up a reputation in connection with the use of a particular mark will have rights to prevent another person "passing off" goods or services as being those of the owner of the mark if such conduct is likely to injure the proprietor's reputation. The proprietor of a common law trade mark may also be able to prevent registration of a similar trade mark by another party.
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Date: May 17, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
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Date: May 20, 2009
Author(s): LAC Lawyers
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Date: August 23, 2010
Author(s): Allan Woodley B.A., LL.B.
Infringement; revocation for non-use; deceptive similarity; goods of same description; use of trade mark in a different form to that registered; authorised use of trade mark in Australia without knowledge of foreign trade mark proprietor sufficient to defeat non-use revocation action.
Intellectual Property Law - Trade Mark Opposition
Date: August 23, 2010
Author(s): Allan Woodley B.A., LL.B.
Trade mark opposition proceedings are an essential part of any trade mark protection strategy, to maintain the distinctiveness, integrity and value of your brand, as well as protecting the right to commence or continue trading under your trade mark, by preventing others from registering identical or deceptively similar marks.
Intellectual Property Law - Trademark Law - Protecting trademarks worldwide under the Madrid system
Date: May 17, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The Madrid System for the international registration of trademarks (‘the Madrid System’) was established in 1891.
IP Law - Intellectual Property - Trademarks
Date: April 22, 2009
Author(s): LAC Lawyers
The term “Trade Mark” is defined in the Trade Marks Act as “...a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person."
IP Law in Singapore - Trademarks
Date: July 10, 2007
Author(s): LAC Lawyers
Singapore has a dual system of trade mark law. Protection for trade marks may be available both under the Trade Marks Act (Cap 332) ('TMA') and at common law under the common law action of "Passing Off"
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Author(s): LAC Lawyers
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Author(s): LAC Lawyers
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