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Can I make my product look like my competitor's product?
The short answer is "no". You should not make your product so close to your competitor's product to deliberately misappropriate the...
stevedavey4
Aug 17, 20211 min read
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Can I use my surname as my trade mark?
You can, but beware. The Trade Marks Office will object to your application if your surname occurs on the Electoral Roll more than 750...
stevedavey4
Jun 18, 20212 min read
42 views
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Can copyright protect my slogans?
In the case of State of Victoria v Pacific Technologies (Australia) Pty Ltd (ACN 065 199 439) (No 2) [2009] FCA 737, Emmet J stated that...
stevedavey4
May 10, 20211 min read
60 views
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Should I list my trade mark on the Amazon Brand Registry?
Amazon Brand Registry helps brand owners to protect their registered trade marks on Amazon from counterfeit products and trade mark...
stevedavey4
Oct 15, 20201 min read
30 views
0 comments


Is using my own name a defence to trade mark infringement?
The case of Flexopack S.A. Plastics Industry v Flexopack Australia Pty Ltd [2016] FCA 235 is relevant to this issue. The Applicant,...
stevedavey4
Feb 28, 20203 min read
229 views
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Can I use a building name in my business name?
Significant investment is made by developers when building businesses. Trade mark registration is necessary to protect that investment. ...
stevedavey4
Feb 18, 20204 min read
189 views
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Can I register a foreign trade mark?
The foreign manufacturer is generally the “first user” and therefore the “true owner” of the trade mark in Australia under section 58...
stevedavey4
Feb 11, 20202 min read
50 views
0 comments

What is the difference between the ® symbol and the TM symbol?
The TM symbol is used for unregistered trade marks and the ® symbol can only be used for registered trade marks. If you have registered...
stevedavey4
Feb 10, 20202 min read
176 views
0 comments


How can I stop counterfeit versions of my goods from entering Australia?
We can assist you with blocking the import of infringing goods. If you are the owner of a registered trade mark and you are concerned...
Steve Davey
Dec 29, 20192 min read
27 views
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Can I register a colour as a trade mark?
A colour, by itself or in combination with other colours and/or any of the other features which fall within the definition of a sign, may...
Steve Davey
Feb 15, 20199 min read
46 views
0 comments


How do I stop a cybersquatter?
Cybersquatting occurs when someone registers a domain name which includes a brand to confuse consumers or to make a profit from the...
Steve Davey
Feb 14, 20191 min read
29 views
0 comments


Can I use my competitor's brands to improve my website ranking?
You can the improve your website's ranking on Google by: Search Engine Marketing ("SEM"). This involves purchasing keywords from Google...
Steve Davey
Jul 5, 20171 min read
32 views
0 comments


Should I bother registering my trade mark in China?
If you have any prospect of business in China, it is wise to register your mark there before your business associates or competitors do...
Steve Davey
Feb 15, 20172 min read
31 views
0 comments


If I terminate a licence agreement, can the licensee still use my intellectual property?
In the case of Apple & Pear Australia Ltd v Pink Lady America LLC [2015] VSC 617, the Victorian Supreme Court determined that a...
Steve Davey
Feb 7, 20171 min read
123 views
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Does registering my trade mark give me the right to use it?
Registering a trade mark will provide a defence against trade mark infringement claims, but not to actions for misleading or deceptive...
Steve Davey
Feb 3, 20172 min read
51 views
0 comments

If I don't use my registered trade mark, will I lose it?
If you registered your trade mark over 3 years ago, and you haven't used it in the course of trade for 3 years, then a competitor could...
Steve Davey
Aug 11, 20162 min read
20 views
0 comments

Will my trade mark be distinctive if it contains descriptive words in a foreign language?
A trade mark has to be distinctive in order to function as a trade mark. It cannot contain terms which traders generally use to describe...
Steve Davey
Dec 2, 20142 min read
16 views
0 comments


Can I win a case without direct evidence of infringement?
Without the infringing goods, or some direct evidence of infringement, a court will not be able to make a finding of trade mark...
Steve Davey
May 2, 20132 min read
20 views
0 comments


Can I import branded goods from overseas without breaching Australian laws?
"Grey goods" are genuine goods imported into Australia by someone other than the trade mark owner or an authorised licensee. This is...
Steve Davey
Sep 11, 20122 min read
16 views
0 comments


Should I choose a descriptive brand?
Short answer: definitely not. Why? Because it's difficult to stop others from using them. A case in point is the PERSIAN FETTA trade...
Steve Davey
Dec 9, 20102 min read
15 views
0 comments
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