Copyright/Trade Mark overlap: s42(b) grounds for opposition where a non-exclusive licensee to a copyright work tries to register it as a trade mark

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 …