Tips to produce good quality evidence for the Trade Marks Office
When filing a trade mark application, protection is not automatic. The application is “examined” to see if the mark is registrable. There are various reasons why a trade marks examiner may raise objections to an application. The two most common are: The mark is descriptive of the goods or services or “laudatory” – praising of […]
What if someone is infringing my IP rights?
I have blogged about what to do if you receive a cease and desist letter (also called a “letter of demand”) here. But what if you own an IP right (eg a registered trade mark, copyright, patent, design or an unregistered trade mark) and you believe that someone is infringing your rights? What do you […]
$100 million penalties for misreprentations
Penalties for making false or misleading statements about goods and services are now very substantial. Since 28 March 2026 maximum penalties have doubled from $50 million for companies to a maximum of the greater of: $100 million; or 3 times the value of the benefit received by the company from the breach; or if […]
How not to promote price discounts
The recent case of Australian Competition and Consumer Commission v Emma Sleep GmbH (Penalty) shows how not to promote price discounts (and how not to act when you suspect you may be breaching the Australian Consumer Law (ACL)). Facts Emma Sleep Southeast Asia Inc (Emma Sleep SEA) and Emma Sleep Pty Ltd (Emma Sleep AU) […]
Own name and place name defences to trade mark infringement
This blog is one of a series I am publishing about defences to infringement of another’s intellectual property. I have blogged about descriptive use of trade marks here and if a business is the first use a mark here. But what if you are using your own name or a geographic name? Own name and place of […]
What if I used my trade mark first?
This blog is one of a series about defences to infringing another person’s intellectual property. I have already blogged about cease and desist letters – here – and descriptive defences to trade mark infringement – here. First to use defence A trade mark dispute typically starts with a “cease and desist letter” (also called a […]
What if I have received a cease and desist letter?
What is a “cease and desist” letter? A “cease and desist” letter (also called a “letter of demand”) is a letter, usually although not always, sent by a law firm on behalf of their client, that claims that you are breaching some right of the sender. The letter will demand that you stop or you […]
Trade mark application – what to do if the Examiner raises issues
Trade mark registration provides an important benefit to trade mark owners. It gives the owner the right to take action against another business using a similar mark for similar goods and services. Application process Once an application is filed, registration is not automatic. Instead, a trade mark application goes through a process of “examination”, where […]