One of the grounds for opposition to registration of a trade mark is that use of the trade mark would be contrary to law. This ground, under s42(b) of the Trade Marks Act 1995 (Cth), is often used where:1) The …
Australian trade mark system changes: how we can make things better for SMEs
This week, I was contacted by the Sydney Morning Herald, to speak about a particular trade mark matter. While speaking about that matter would require my client’s authority, I jumped at the chance to give the SMH a list of …
AI produced logos are not copyright works.
Previously: a) A human graphic designer would have been engaged to create a logo; b) that human graphic designer would have thus automatically owned copyright in that logo upon creation; c) that human graphic designer may then have assigned the …
Tarr Law selected to test AI chat bot for trade marks
I was pretty chuffed to be the very first Australian attorney invited by IP Australia to review the new AI chat bot they are developing. The goal of the AI chat bot is to educate Australian business owners about their …
What to do when you are faced with a trade mark dilemma: an IRDA set to lapse just before a cited IRDA is limited or cancelled to the extent of the international registration of which it is a designation
Under s 36 of the Trade Marks Act, the registrar may defer the acceptance of a trade mark application upon request of an applicant in the circumstances set out in the regulations. Regulation 4.13 sets out the circumstances (paraphrased by …
If I register my trade marks in Grenada, does it give me an excuse to visit Grenada?
Interesting facts about Grenada: 1) There is a lake in Grenada, Grand Etang, which is said to be a bottomless lake because nobody has been able to find its bottom with sonar. The lake was formed over a dormant volcano. 2) It is …
Commercial reality: the other mark is famous! No one is going to think I am them…
It used to be the case (Registrar of Trade Marks v Woolworths Ltd, CA Henschke & Co v Rosemount Estates Pty Ltd and Australian Meat Group Pty Ltd v JBS Australia Pty Ltd) that notoriety of a mark or component of a …
Where the line between legitimate applicant and squatter is blurred
IP Australia are seeking feedback on whether to change the current prosecution system for trade marks, from a 15-month acceptance deadline with unlimited responses in that time, to shorter 2-month response deadlines, capped at 3 iterations. Since I have used …
Are thousands of removal actions actually invalid?
It has been an absolute pleasure this week to deep dive into the intersection between ss 92 (4) (b) and 93 (2) of the Trade Marks Act this week, with some of the best and brightest at IP Australia’s trade …
Fire walls, acquisitions and risk
I’ve learned that you cannot rent out upstairs and downstairs separately, except with 1 hour fire wall between. This can be added, for a price. But, if the roof height is just enough without the fire wall, it may be …