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Importance of Trade Mark Registration Your business may have more than one trade mark - in addition to your trading name, your company logo, domain name and product or service name can also function as trade marks.
Importance of Patent Protection Before Disclosure One of the most important requirements under the Patents Act 1990 (Cth) for an invention to qualify for patent protection is that it must be novel. For an invention to be novel, it must not have been publicly used or published anywhere in the world. Public disclosure can include publication in a printed media, disclosure in a presentation or public demonstration, or substantial publication of the material on a website, including a blog or other discussion forum.
Types of Patent Searches Patent searches can provide peace of mind to a person who is interested in applying for a patent or even for someone who is entering the market with their new product. While no patent search can be 100% foolproof, they may help prevent heartache, not to mention potential savings in investment on an invention. If the medical adage “prevention is often better than the cure” is true, then surely so too is the legal equivalent “prevention is better than litigation”. There are several types of searches to cover various scenarios that may be faced depending on what is wished to be done with a new product
Understanding the Difference: Trade Marks, Business Names and Domain Names
There are a number of different registration mechanisms in Australia for names each of which offer different advantages and have different requirements. This can make it confusing for new businesses in trying to understand what needs to be registered, when and for what purpose.
Selecting a Name When selecting a new name for a business, product or service, most businesses are looking for a name which distinguishes them from their competitors and which is appealing to consumers. Generally, the name needs to evoke a particular quality, characteristic or value of the business. It is important because it is the name which will identify the business, product or service to the consumer – essentially is represents the business and associates it with the reputation and quality that the business/service provides. If a business becomes successful, the name will become an important asset - it is the name which sells the product or service.
Key Changes to the Designs Act Australia’s design registration system changed in June 2004. The key features of the Act include:
New Grounds introduced under the Trade Marks Act After extensive review a decade after its introduction, the Trade Mark Act 1995 (Cth) (the ‘Act’) has undergone important changes implemented by the Intellectual Property Laws Amendment Act 2006 (Cth) and the Trade Marks Amendment Act 2006. Additional grounds have been enacted to oppose an trade mark accepted for registration and revoke those already registered.
Licensing 101 –Your Intellectual Property Rights Selling vs Licensing After extensive review a decade after its introduction, the Trade Mark Act 1995 (Cth) (the ‘Act’) has undergone important changes implemented by the Intellectual Property Laws Amendment Act 2006 (Cth) and the Trade Marks Amendment Act 2006. Additional grounds have been enacted to oppose an trade mark accepted for registration and revoke those already registered.
Franchising 101 – The Basics After extensive review a decade after its introduction, the Trade Mark Act 1995 (Cth) (the ‘Act’) has undergone important changes implemented by the Intellectual Property Laws Amendment Act 2006 (Cth) and the Trade Marks Amendment Act 2006. Additional grounds have been enacted to oppose an trade mark accepted for registration and revoke those already registered. |
