Trade Marks

“ In the legal profession the term ‘costs’ refers to the fees and other expenses a practitioner charges a client for their professional services and other payments that arise out of the provision of legal services, including disbursements such as court fees. Costs are one of the most heavily ... ”

“ ASIC Registers Australian trade mark search - Australian Trade Mark Online Database ”

“ Business and Franchise Personal Property Securities ”

“ Taking good instructions The use of precedent Retainer Instructions ensures that all important issues are considered, instructions which cannot be contradicted later are recorded, costs discussed and the scope of the retainer clearly defined. ”

“ A preliminary ‘availability’ search at the stage where the client is contemplating registration or when they are deciding on a new brand, name or logo is strongly recommended. Preliminary searches should include as a minimum: ”

“ When a party applies to register a trade mark that party must provide a description of the goods or services it intends to use the trade mark on. These goods and services need to be identified into one or more classes. Schedule 1 of the Trade Marks Regulations 1995 prescribes the available classes ... ”

“ An electronic search is available for appropriate classes. Note the search tips as, for example, using the search term 'wedding photography' will return no result, however the search terms ‘wedding’ and ‘photography’ will. The more diverse the client’s range of goods and/or services, the more ... ”

“ Regulation 4.1 of the Trade Mark Regulations provides that applications must be in an ‘approved form’. To prepare and file the client’s application the following information is required: applicant’s legal name, description and principal place of business; ”

“ Once the examiner’s objections have been overcome, or in the absence of any objections, the application will be published in the Australian Official Journal of Trade Marks as ‘accepted’. For two months after publication, the application may be opposed. ”

“ Administrative changes to a trade marks registration, such as change of address details, are made via eSERVICES or by using the form Request for Amendment Name/Address/Address for Service. ”

“ In 2001 Australia became a signatory to the Madrid Protocol which covers international registration of trade marks. This protocol provides Australian applicants with several advantages when seeking protection for trade marks in any of the approximately 90 signatory countries. An Application for ... ”

“ The initial registration period is 10 years from the date the application was filed. It is useful to note this date in the client's IP register. Registered trade marks can be renewed, indefinitely, for 10 year periods. ”

“ Assignment or transmission of a trade mark is the process by which the ownership of a registered trade mark or a trade mark whose registration is being sought is passed from one party to another. Section 6 of the Act distinguishes between assignment and transmission. Assignment is a voluntary act ... ”

“ The client may as part of their overall asset protection strategy, which separates business assets from trading risk, wish to licence the use of the trade mark owned by an asset-holding entity to a trading entity. Licensing involves granting another party permission to use the mark in compliance ... ”

“ It is important to take quick and decisive action if it is suspected that the client's rights in the intellectual property connected with their business is being, or is in danger of being, infringed. If intellectual property rights are not enforced then their commercial value is quickly eroded. ... ”