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 …
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 …
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 …
Trade marks and the new AML laws
Anti-money laundering laws are on everyone’s mind at the moment. Here are some of the questions the law changes raise in the trade mark space: 1) If the AML changes are aimed at enhancing ownership transparency, will IP Australia require …
Trade mark application or underworld communication?
I came across a new firm today, which I will not name. This one is the address for service for 3,282 marks on the Australian trade marks database. A search for the firm name on the TTIPAB list of registered …
Why should I register my trade mark?
Why should I register my trade mark? A company or business name registration does not grant you exclusive rights to your brand name. Trade mark registration with IP Australia is essential. Here are 10 reasons why: 1. Immediate rights It …