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 …
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 …
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 …
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 …
Tarr Law is invited to speak on Daniel Tolson’s Leverage podcast
You can view the full recording here: Leverage With Daniel: Trademark Insights and Protection Strategies with Hayley Tarr – YouTube
Scented Deception: Unravelling the Legal Landscape of Perfume Dupes
In the world of perfumes and fragrances, scents possess an undeniable ability to evoke emotions and memories. So, it may come as a surprise to those used to thinking of scents in such whimsical terms that, legally, scents are assets, …