Trade Mark News and Articles

Registered Design or Trade Mark?

Shape Trade Marks Prior to the introduction of the Trade Marks Act 1995 (Act) shape were not registrable as trade mark, however Section 6 of the Act now includes “shapes” as a sign that can be registered as a trade mark, hence the birth of a shape mark,...

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AMAZON BRAND REGISTRY – AN AUSTRALIAN SELLERS GUIDE

Late last year Amazon launched in Australia and while its arrival was a little underwhelming, online retailing is posing a number of challenges to brand owners including the ability to deal with the sale of counterfeit goods on Amazon. To assist sellers to protect...

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Accession to the Madrid Protocol – Indonesia

On 2 January 2018, the Madrid Protocol for the International Registration of Marks (Madrid Protocol) will come into force in Indonesia. Accession to the Madrid Protocol by Indonesia brings the number of Contracting Parties of the Madrid Protocol to 100. A list of the...

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International trade mark protection? What you need to know.

How can local brand owners register trade marks internationally? First and foremost, trademark rights are territorial. Therefore, trade marks should be registered in all territories where the mark is, or will be used. Trade marks can be protected internationally...

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What is a Notary Public and when would I need one?

What is a notary public? A notary public is a solicitor of at least 5 years standing who has been admitted by the Supreme Court as a Public Notary. Unlike Justices of the Peace (a JP), a notary public’s signature and official seal is recognised not only in Australia...

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China moves to further curb malicious ‘trademark squatting’

Trademark rights to ‘Ben Fu’, the most widely recognised wine brand in China have been secured by their rightful owner, Treasury Wine Estate (“Penfolds” wine) (TWE) in the Beijing High People’s Court. The well-known trademark was previously registered in 2009 by...

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Amendments continue to enhance India’s IP processes

There is no doubt India is committed to fostering innovation and attracting foreign investment, as demonstrated by recent government initiatives such as the ‘Make in India’ campaign. In harmony with this, policy makers are continually improving intellectual property...

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